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Claiming for Professional Negligence in Construction

Anyone involved in a construction project, whether the lead architect or a construction site manager, bears the responsibility of ensuring that work is carried out safely and up to the expected professional standards. However, the often-complex nature of construction projects, coupled with the inherent risks involved, can occasionally lead to unintended errors or oversights that can have far-reaching consequences.

Professional negligence in construction arises when the services provided by these construction professionals fall short of the expected standard of care. Such claims emerge from a breach of duty of care owed by professionals to their clients.

At Annecto Legal, we connect clients with the right professional negligence team, as well as securing litigation funding for your case. Our service is designed to ensure that any business or individual that has suffered loss as a result of professional negligence has the best possible opportunity to find redress.

Examples of professional negligence in construction

Construction negligence cases can vary widely in nature and severity. Listed below are a few examples to illustrate the types of professional negligence claims that construction professionals might face:

  • Structural defects: A professional’s failure to properly calculate load-bearing capacities or other structural considerations can lead to compromised building integrity. For example, if a building collapses due to inadequate structural design, the architect may be held liable for negligence.
  • Design errors: Architects are also responsible for creating functional and aesthetically pleasing spaces. Design mistakes, such as incorrect placement of walls, doors, or windows, can lead to inefficient use of space or aesthetic dissatisfaction, resulting in financial losses for the client.
  • Building regulation violations: Construction professionals must adhere to local building project regulations. If a professional fails to comply with these requirements, it could lead to costly delays, redesigns, or even issues with planning permission.
  • Poor workmanship: Contractors and subcontractors may perform building work negligently, resulting in substandard construction quality. This could include improper installation of materials, or cutting corners to save time or money, ultimately compromising the integrity and safety of the structure.
  • Lack of supervision: Project managers have a responsibility to supervise the work carried out to spot a potential issue. Neglecting this duty and failing to catch errors during construction could result in costly defects.

Choosing the right solicitor

When making a claim for professional negligence, it is not essential to instruct the most expensive solicitor; however, your typical high street solicitor may not be the best choice either.

It is imperative to select a solicitor with the relevant specialisation for your case to ensure that they can provide the best legal advice for a favourable outcome. You should opt for a solicitor with the experience and expertise required to prove professional negligence in the most efficient and cost-effective manner.

Furthermore, considering how your solicitor will be perceived by the opposing party is essential.

Moreover, you might want to evaluate your solicitor’s willingness to work on a risk-sharing basis and their experience in dealing with legal funders and insurers. These factors can significantly impact the trajectory and success of your case.

Seeking guidance from an expert professional negligence solicitor as soon as possible will ensure that the claim is made within the specified limitation period. It is also important to seek guidance promptly as an expert evidence report may be required, which may take time.

Funding professional negligence in construction

Funding a professional negligence claim can be a complex process and will depend on the individual circumstances of the case. Listed below are some of the options for funding a professional negligence case. 

  • Conditional fee agreements – Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees.
  • Contingency fee agreement – Some professional negligence solicitors may offer to take on a professional negligence case on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.
  • After the event insurance – After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the costs of losing a case could be significant. ATE insurance is often used in conjunction with conditional fee agreements. 
  • Third party litigation funding – In some cases, third party litigation funders may be willing to provide funding for a professional negligence case in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individual who cannot afford to pay for legal fees themselves but have a strong case.

How can Annecto Legal assist?

Understanding how to prove professional negligence in the construction industry can be a complex task, which is why it is vital to have an expert on your side. At Annecto Legal, our team of professional advisors help clients to identify suitable legal representation for their professional negligence cases.

If you are thinking about bringing a professional negligence claim against a construction professional, contact Annecto Legal now. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.

Unfortunately, because of the high costs of legal actions in the UK, we only assist in disputes in which the financial value of the claim is over £250,000, at the absolute minimum. We would like to be able to help on other claims, but we just don’t have access to any products that can assist on smaller matters.

Get in touch

* Annecto Legal can only assist on case where the loss is in excess of £100,000, with the exception of data breach claims. If you need assistance on a claim worth over £100,000, please get in touch using our form or the details below:

Registered Office

Annecto Legal Ltd, 106 Kennedy Building, Murray Street, Manchester , M4 6HS

Phone

0800 612 6587

Email

info@annectolegal.co.uk

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