Professional Negligence (Architects, Surveyors, Builders)
Construction and building matters can be relatively complex disputes, often involving several different parties and issues. Where a dispute arises, there isn’t necessarily a straightforward issue of blame, and it may involve the need to really burrow down to the crux of the matter to allow you to understand what exactly is wrong, and to whom you will need to turn to, to rectify the matter.
Altion Law are specialists at advising and representing parties with Construction negligence claims. Altion Law works with both professionals who are concerned about potential negligence claims as well as parties who wish to bring a claim against another party. If you would like to have a confidential discussion with a member of our team, if you make a Free Call Back Enquiry, we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.
Architect Negligence Case Study
Altion Law provided support and guidance to an architect where a professional negligence claim had been raised in relation to the provision of structural and architectural services. The professional negligence claim was complex matters, and involves contribution claims from other parties due to the nature of how the project was carried out.
We were able to provide the necessary support and guidance to the architect which give them the confidence to make the most commercially viable decisions in moving forward with their business whilst also maintaining their professional integrity.
“Altion Law were clear and unequivocal in their advice regarding both the position and any options available moving forward. Rebecca was quick to turn matters around, giving me the confidence to make the right choices for my business and my professional virtue.”
Professional negligence is when a professional fails to perform their responsibilities to the required standard expected of that professional. This can be a claim of negligence against an architect, a surveyor, a builder or any form of professional who works in the construction sector.
This can include a breach of a particular agreement entered into, or it can involve a claim of negligence – which can be made by both a party who entered into a contractual agreement, or by another party who was reasonably able to rely on those works – such as a builder relying on architectural plans.
The construction industry contains many different professionals and services. As such, there are various ways in which a construction negligence claim might arise. Most commonly, we deal with claims involving –
In order for any party to successfully bring a claim of professional negligence, they will need to show the following:
- That there is a duty of care/ requirements to provide certain services
- There was a breach of that duty/ or breach of agreement which leads to a financial loss
- Causation, being a link between the cause and effect of the actions
Architects design both residential and commercial properties. Depending on the terms of the agreement, an architect may also be asked to oversee the development, too. If the terms of the contract are not met, or the architect is deemed incompetent, it can cause serious problems. The property may be structurally unsound, breach building regulations, or require further building work. The property may even have to be demolished.
Causes Of Architect Negligence Claims Include –
- Defective property plans or drawings
- Failure to comply with building regulations
- Failure to advise about planning permission
- Failure to manage/supervise a project (if contracted to do so)
Builder Negligence Claims
Claims involving builders and other tradespeople can be particularly complex because there is not always a contract in place. Even in the absence of a contract, builders and tradespeople must meet a certain standard. Anything short of this can be costly for the homeowner to repair. It can also be dangerous, especially if there are construction, electrical or roofing defects.
Causes Of Negligence Claims Against Builders Include –
- Failure to follow architectural plans
- Failure to adhere to building regulations
- Using the wrong materials
- Defective workmanship
Surveyor Negligence Claims
Disputes involving surveyors often happen because the surveyor in question has not complied with the terms of the contract. Or, because the surveyor has not met the expected standard when carrying out their work. Typically, this will result in a costly repair bill for the claimant, which he/she had not foreseen. It can also affect the value of a property, which may lead to losses for the claimant when he/she comes to sell.
Causes Of Surveyor Negligence Claims Include –
- Failure to detect defects in the property
- Failure to perform a full inspection for a property valuation
- Failure to value a property based on correct information
- Failure to warn about areas of concern
Construction and building matters can be complicated disputes, often involving several different parties and issues. Where a problem arises, there is not necessarily a straightforward issue of blame. It can take an expert to understand what exactly went wrong, and why.
At Altion Law, we specialise in construction negligence. Whatever side of the dispute you are on, our professional negligence solicitors can help you. We represent those who wish to pursue a claim for damages. We also defend those are being sued by unhappy customers and clients.
We can investigate the dispute and advise the best way forward in your case. We deal with all kinds of construction dispute and are not limited to the examples described above. It does not matter what the circumstances, we urge you to contact us for early legal advice.
If you would like to have a confidential discussion with a member of our team, if you make a Free Call Back Enquiry, we will call you back at a time that is suitable for you or you can contact us directly on 01908 414990.