FCA authorised · FRN 724952 0117 325 0027Quote & buy →
Apex Insurance Brokers
Speak to a brokerGet a quote →

Professional indemnity explained

Claims on past projects after leaving the Wren: who pays?

A claim on a past project is a demand about earlier work, usually met on claims-made PI by the policy in force when the claim is made. For former Wren members, that decides whether the Wren or the new commercial insurer deals with it.

In short

The Wren underwrote on a claims-made basis. Claims made against a practice during a Wren policy year, including those linked to circumstances notified to the Wren, are still handled by the Wren's claims manager. Claims first made after a practice's last Wren year will, on the usual claims-made principle, fall to the commercial policy then in force, subject to its retroactive date, known circumstances exclusion and fire safety terms. This is a general principle, not a statement of the Wren's rules. The safest position is a full record of every notification and a new policy with no retroactive restriction.

The short answer

It depends on when the claim was first made or notified, not when the work was done. The Wren's 2021 Report and Accounts say it underwrote professional liability risks on a "claims made" basis. Its status page tells former members to contact the claims manager about a claim made against the firm during a Wren policy year, quoting the Wren claim reference for the notified claim or circumstance.

For anything first made after a practice's last Wren year, the usual claims-made principle points to the policy in force at that time. That is a general reading of how claims-made cover works, explained in claims-made vs occurrence PI; it is not a statement of the Wren's own rules, which former members should check in their documents.

How it usually works

SituationPolicy that usually respondsWhat to check
Claim made during a Wren policy yearThe Wren, through its claims managerYour Wren claim reference and correspondence
Circumstance notified to the Wren during a policy year; claim arrives laterCommonly the policy year the circumstance was notified to, subject to its termsThe notification wording and what the Wren acknowledged
Claim first made after the last Wren year, nothing notifiedGenerally the commercial policy then in forceRetroactive date, known circumstances exclusion, fire safety terms
Practice ceased tradingRun-off cover, if boughtWho provides it and for how long

The second row reflects the common way claims-made policies treat a properly notified circumstance; see notification of circumstances. Whether a specific Wren notification works this way depends on the Wren's rules and what was sent.

Why notifying circumstances mattered

A new commercial policy will commonly exclude claims arising from circumstances the practice knew about before inception. See the prior known circumstances exclusion. If a practice knew of a problem but did not notify it to the Wren before its last policy year ended, there is a risk the matter falls between the two: outside the Wren because it was not notified in time, and outside the new policy because it was known.

That is one reason commentators urged members to plan early and to understand their legacy exposures before 1 July 2026. Former members cannot now notify new circumstances to the Wren under a policy year that has ended, but they can make sure everything that was notified is documented and that anything known is fairly disclosed to the new insurer.

Retroactive dates and how long past work stays exposed

A retroactive date limits a claims-made policy to work done after a set date. For a practice moving from the Wren, a retroactive date at the start of the new policy would leave every past project outside it. Continuity usually needs prior acts cover with no retroactive restriction, subject to the insurer's terms.

Past work can stay exposed for a long time. Under the Limitation Act 1980, contract and tort claims generally have six years, claims under a deed twelve years, and latent damage negligence claims can run three years from knowledge subject to a fifteen year longstop. Section 135 of the Building Safety Act 2022 extended the period for claims under section 1 of the Defective Premises Act 1972 to 15 years, and to 30 years for claims that accrued before it came into force on 28 June 2022. See how long a client can sue and the section 135 extension.

Illustrative examples

Illustrative example 1: a practice notified the Wren in 2025 of a leaking roof on a 2018 office scheme and received a claim reference. The client issues a formal claim in 2027. The practice contacts the Wren's claims manager quoting the reference and tells its new insurer the matter is already notified elsewhere.

Illustrative example 2: a practice receives a first letter in 2027 about a 2012 housing scheme it never notified. The new policy has no retroactive restriction, so it may respond, subject to the known circumstances exclusion and any cladding exclusion. If the partners had heard of the defect before inception but left it off the proposal, cover may be disputed.

Illustrative example 3: a building owner writes to several consultants on a 2009 residential block, asking for information about its external walls. The letter makes no demand. Whether it is a claim or a circumstance depends on the new policy's definitions, and the practice reports it promptly rather than waiting to see whether a formal claim follows.

Mergers, closures and former partners

Past project exposure follows the practice and, in some cases, the individuals. If a former member practice has merged, been acquired or restructured, the acquiring firm's policy may or may not pick up the earlier entity's work; see architects PI on a merger or sale. Predecessor practice cover usually has to be requested and named in the schedule.

If a practice has stopped trading, claims on past projects need run-off cover. ARB's PII guidance says architects should maintain a minimum of six years' run-off, or five in Scotland, and should tell present and previous clients of the position on insolvency or closure. The Wren has historically had a run-off category for members, but we have not seen anything confirming what run-off arrangements apply to firms ceasing practice after 1 July 2026, so check directly. Our architects run-off cover guide explains the options.

Retired or departing partners should also keep copies of notifications and know which policy would respond, because claims can be brought against individuals as well as the practice, depending on how the appointment and any collateral warranty were signed.

Common mistakes and what to check now

What to check now

  1. Collect every Wren claim reference and the notification each relates to.
  2. Confirm in writing that the new policy has no retroactive date, or understand exactly what one excludes.
  3. Read the known circumstances exclusion and check your proposal disclosed everything material.
  4. Check fire safety and cladding terms for past projects; see fire safety and cladding cover after the Wren.
  5. If you are closing the practice, read ARB's guidance, which says run-off cover should be kept for at least six years, or five in Scotland.

Our guide for former Wren members and architects PI insurance guide cover the wider picture.

Apex arranges architects' professional indemnity and reviews prior acts terms; a broker reads every enquiry.

Sources

Frequently asked

Will the Wren deal with a claim on a project we did while we were members?

If the claim was made against your firm during a Wren policy year, the Wren's status page says to contact its claims manager quoting the Wren claim reference. A claim first made after your last Wren year will generally fall to your current policy on the claims-made principle, though you should check the Wren's documents.

What if we notified a circumstance to the Wren but the claim comes later?

Claims-made policies commonly treat a later claim arising from a properly notified circumstance as made in the year of notification. Whether that applies to your notification depends on the Wren's rules and what you sent. Keep the claim reference and tell your new insurer the matter was notified to the Wren.

Should our new policy have a retroactive date?

For a practice with past work, a retroactive date at the start of the new policy would leave earlier projects uncovered. Continuity usually needs prior acts cover with no retroactive restriction, subject to the insurer's terms and the known circumstances exclusion.

How far back can claims on old projects go?

Under the Limitation Act 1980, most contract and tort claims have six years and claims under a deed twelve. Latent damage claims have a fifteen year longstop. Since the Building Safety Act 2022, Defective Premises Act section 1 claims can run 15 years, or 30 years for claims that accrued before 28 June 2022.

Former Wren member? Have your new PI programme reviewed

Send us your current schedule and wording, your last Wren policy documents and your project list. We will check continuity for claims on past projects, fire safety terms and your contract obligations ahead of your first open-market renewal. No fee and no obligation. Or call 0117 325 0027.

Book a PI programme review Get a quote

Apex Insurance Brokers Limited is authorised and regulated by the Financial Conduct Authority. Registered in England and Wales, company number 07014570. This page is general information, not advice on your individual circumstances, and it does not guarantee that cover will be available or on what terms.