Professional Negligence
Professionals make mistakes too and can be guilty of misconduct. Professional negligence is a breach of the duty of care between professionals and their clients.
The duty of care is a common law arrangement where the client expects a level of professionalism and standards commonly held by those in the profession. Negligence can arise where someone is professing particular skill, such as a doctor, a teacher, a vet, an accountant or a solicitor, to name a few.
During a person’s life it is likely that at some point they will require the assistance of a professional. Whilst most professionals will provide an excellent service, occasionally mistakes are made. In the event that a loss is suffered as a result of that mistake, a claim for professional negligence may be available.
To be successful with your claim you will need to demonstrate that you were owed a duty of care by the professional involved, the professional breached the duty of care, and the breach caused a loss to you. The mere fact of an error or bad service does not necessarily constitute negligence. You will need to demonstrate that the services provided by the professional fell below the standards of a reasonably competent professional, having regard to the standards normally expected in his profession. The test is objective; however its application is a question of fact in each case.
It is also worth bearing in mind that in addition to a claim for negligence there may be a claim for breach of contract and/or statutory duty, or in some circumstances misrepresentation and/or fraud.
The law of professional negligence is a complex, specialist area of legal practise. As such, it is vitally important when bringing a claim of this nature that your solicitor has the experience and the ability to properly conduct and present your claim.
At Litigaid Law we have the necessary experience to assist you. We understand that you have already been let down by a professional and aim to make the process of recovering compensation for you as quick and painless as possible. Our expertise includes resolving disputes through alternative dispute in order to avoid the need for court proceedings if at all possible and to speed up the process of recovering compensation.
Establishing a claim for professional negligence or breach of contract can be difficult and require the assistance of expert solicitors experienced in bringing such claims. We can quickly determine if you have a good claim and may be able to offer conditional fee arrangement (“no win, no fee”) funding in appropriate cases.
We can help if you have been let down by your:
- Accountant
- Architect
- Barrister
- Builder
- Financial Advisor
- Insurance Company
- Solicitor
- Surveyor
Types of Property Services Negligence
The role of service providers in the property industry is often vital to a construction project, from the initial design and planning application stage, through to supervision or project management of the build.
Claims Against Your Architect
planning application stage, through to supervision or project management of the build.
The consequences of mistakes by an Architect can be far-reaching and result in delays and additional costs to both commercial and residential projects. This may give rise to a claim for professional negligence. Where your Architect has been negligent, the law allows you to claim damages as compensation for losses you have suffered as a result.
In most cases, a qualified Architect will have professional indemnity insurance covering such claims.
Examples of negligence by an Architect include:
Failure to produce adequate plans, designs, drawing or specifications
- Incorrect advice
- Insufficient supervision or inadequate project management
- Failure to advise about or obtain relevant planning permissions or building regulation approval
- Failure to keep within budget
Establishing a claim for professional negligence can be difficult and require the assistance of expert solicitors experienced in bringing such claims. We can quickly determine if you have a good claim and may be able to offer conditional fee arrangement (“no win, no fee”) funding in appropriate cases.
If you would like further information or to discuss a potential claim, please contact us.
Builder Negligence
Whether it involves minor residential works to a property or extension, a new-build property or a commercial construction project, where building or construction work is found to be defective, you may be able to claim damages as compensation for losses you have suffered as a result from the builder or construction company. This is the case whether a written building contract exists or not.
Examples of negligence by a builder or construction company include:
Failure to follow plans or specifications
- Incorrect or inappropriate methods or materials
- Failure to comply with planning restrictions
- Failure to comply with building regulations
- Failure to complete works
- Causing damage to existing property or services
Establishing a claim for professional negligence or breach of contract can be difficult and require the assistance of expert solicitors experienced in bringing such claims. We can quickly determine if you have a good claim and may be able to offer conditional fee arrangement (“no win, no fee”) funding in appropriate cases.
If you would like further information or to discuss a potential claim, please contact us.
Claims Against Your Surveyor
Building surveyors or valuers are often instructed to inspect a property and provide a report when buying residential or commercial property. The purposes of that report are to ensure that the property is worth what the buyer (and their lender) pay for it and to inform the buyer of the condition of the property.
Mistakes by a Surveyor can result in a buyer paying too much for a property, being deprived of the opportunity to withdraw from a purchase or reduce the price or facing large and unexpected repair costs.
This may give rise to a claim for professional negligence. Where your Engineer has been negligent, the law allows you to claim damages as compensation for losses you have suffered as a result.
In most cases, a qualified Surveyor will have professional indemnity insurance covering such claims.
Examples of negligence by a Surveyor include:
- Incorrect valuation
- Inadequate report
- Failure to follow instructions
- Insufficient knowledge or expertise
- Failure to identify defects or the extent of defects or risk
- Failure to recommend the appropriate type of survey
- Failure to recommend additional investigations
Establishing a claim for professional negligence can be difficult and require the assistance of expert solicitors experienced in bringing such claims. We can quickly determine if you have a good claim and may be able to offer conditional fee arrangement (“no win, no fee”) funding in appropriate cases.
