Construction Professional Negligence Claims: Legal Action

Construction professional negligence claims arise when a professional within the construction industry. Examples include when an architect, building 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 lack of skill and care in the design, planning, or construction process. These errors result in defects, delays, cost overruns, or unsafe conditions. 

Examples of construction professional negligence

There are numerous instances where professional negligence in construction 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 health and safety, and financial losses.

Construction defects:

Contractors and subcontractors may fail to follow industry standards and building regulations set by the relevant professional body during the construction process. This often results 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 building projects and 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. 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
• Initiating the pre-action protocol
• Negotiating a settlement with the professional or their professional indemnity 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.

 

Remedies for professional negligence

 

There are several potential remedies available to the claimant. These remedies aim to compensate for the losses incurred due to the negligence. Here are the primary remedies:

Damages

Compensatory Damages:

These are intended to put the claimant in the position they would have been in if the negligence had not occurred. This can include:

• Cost of Rectification: The cost of correcting defective work.
• Loss of Value: Any reduction in the value of the property due to the negligence.
• Consequential Losses: Additional costs incurred as a result of the negligence, such as loss of rental income or increased financing costs.

General Damages:

Compensation for non-monetary losses such as inconvenience and distress (though these are less common in construction cases).

Special Damages:

Specific, quantifiable monetary losses incurred due to the negligence.

Specific Performance

This is a court order requiring the negligent party to fulfil their contractual obligations. However, it is rarely used in construction negligence cases as monetary compensation is usually considered more appropriate.

Rectification

A court may order the negligent party to correct the defective work. However, this is less common and often impractical compared to awarding damages.

Declaratory Relief

A declaration by the court that the construction professional was negligent. While this does not provide direct compensation, it can form the basis for further claims or settlements.

Injunctions

An injunction may be issued to prevent further negligent actions or to stop the negligent party from continuing with the defective work.

Rescission

In certain cases, the contract between the claimant and the negligent professional may be rescinded, effectively voiding the contract. This remedy is rare and typically used when the contract was induced by misrepresentation or fraud.

 

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.

We are not a firm of solicitors; however, we have a panel of commercial law solicitors who are authorised and regulated by the Solicitors Regulation Authority. If you contact us in relation to a commercial law case, we will pass your case onto a panel firm.

Our panel of professional advisers and commercial solicitors assist on a wide range of cases. We also assist on professional negligence cases against estate agents, architects and many more.

Our solicitors can also help with a number of other commercial claims, such as partnership disputes, breach of contract and CCJ removal.

Please contact us today using our enquiry form below, and a member of our team will be in touch with you.