Construction professional negligence claims arise when a professional within the construction industry, such as an architect, surveyor or engineer, fails to exercise the required standard of care and skill expected in their field.
The standard of care refers to the level of skill, knowledge, and expertise that a reasonably competent professional in the same field would exercise under similar circumstances.
When a professional falls below this standard and causes harm or financial loss, they can be held legally liable for their negligence.
These claims typically involve allegations of errors or omissions in the design, planning, or construction process that result in defects, delays, cost overruns, or unsafe conditions.
Examples of construction professional negligence
There are numerous instances where construction professional negligence can lead to claims and other construction disputes. Some of the main causes that we see include the following:
- Design errors: An architect or engineer may make errors in the design of a structure. These design flaws can lead to structural failures, compromised safety, and financial losses.
- Construction defects: Contractors and subcontractors may fail to follow industry standards and specifications during the construction process, resulting in defective workmanship. These defects can lead to property damage, functional issues, and the need for costly repairs or renovations.
- Failure to obtain planning permission: Construction professionals may neglect to obtain the necessary planning permission or approvals required for construction projects. This oversight can result in financial losses to the project owner or developer.
- Negligent project management: Project managers or construction supervisors may fail to properly oversee and coordinate construction activities. This can lead to scheduling delays and cost overruns between various contractors, impacting the overall progress and quality of the project.
- Inadequate site analysis: Professionals involved in site analysis may fail to conduct thorough investigations of geological factors affecting the site. This negligence can lead to foundation failures, soil instability, or landslides, resulting in property damage and safety hazards.
- Misrepresentation of qualifications: Construction professionals may misrepresent their qualifications, certifications, or experience, leading to the selection of an incompetent professional for a project.
It is important to note that these examples are not exhaustive, and construction professional negligence claims can arise from a wide range of circumstances. Each case is unique, and the specific details and evidence play a crucial role in determining the outcome of a claim.
What is the role of a professional negligence solicitor?
The role of a professional negligence solicitor is to represent clients who have suffered a loss as a result of the failure of a professional to exercise reasonable care and skill in providing their services. The solicitor’s responsibilities may include:
- Advising the client on their rights and potential legal remedies
- Gathering and reviewing evidence related to the case
- Negotiating a settlement with the professional or their insurance company
- Representing the client in court proceedings if necessary
- Advocating for the client’s interests and working to achieve a favourable
The ultimate goal of a professional negligence solicitor is to secure compensation for the client through dispute resolution to cover their losses and any additional expenses incurred as a result of the professional’s negligence.
Making a construction professional negligence claim
Negligence in construction can have serious consequences and can lead to substantial financial losses. If a construction professional has breached their duty of care, and this breach has led to a loss, you are likely to have grounds to make a claim.
Contact our expert team today and we will put you in touch with a solicitor on our panel who can provide you with the legal advice and assistance you need.
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