Architects, Construction Professionals & Builder Negligence Claims

Architects can have the responsibility not only of designing the structure to be built but also the supervision of the build to ensure UK building standards are adhered to throughout the build. Architects have their own professional bodies, such as the Royal Institute of British Architecture (RIBA), and they are obliged to adhere to their professional body’s code of conduct.

If an architect has failed to design the structure or supervise the build to the standard expected of an architect acting with ordinary skill and care then you may have a claim for breach of contract and professional negligence if you have suffered losses as a result.

A builder should be supplied with a plan and a schedule of works specifying the quality of materials to be used and the works to be completed. They should be able to construct the build to the standard of a tradesman acting with ordinary skill and care and if they fail to meet that standard then they may be liable in negligence and for breach of contract if you have suffered losses as a result.

The role of the structural engineer is to calculate the loads that the architect’s design will require to ensure that the structure will be stable and that it can support the weights and forces that it will be subjected to. There can be large losses suffered if a building’s foundations are not properly calculated for the ground that they are built on, causing sinking of the building and damage.

If there are latent defects found in a building that are not due to bad building work but poor structural engineering then you may have a claim against the structural engineer.

Surveyors are usually employed to assess the condition and value of a property. If the surveyor has overvalued a property and you have relied on their opinion to your detriment then you may have a claim in professional negligence against the surveyor.

You may have instructed a surveyor to carry out a full inspection of a property and the report stated that the property was of sound construction and had no faults.  However, if you then discovered the property was suffering from major structural faults that the surveyor ought to have noticed then you may have grounds for a professional negligence claim against the surveyor for the losses you have incurred as a result.

Surveyors carry out a wide range of functions in relation to property projects and management, from locating new tenants, negotiating rent-reviews and assessing dilapidations to managing the recovery of rent for commercial buildings and dealing with repairs. You may have relied on a surveyor to carry out these tasks for you to your detriment. In that case you may have grounds for a professional negligence case.

Many tradesmen, such as electricians, plumbers and heating engineers, have to work to statutory regulations, a code of practice or industry standards of work. If they fail to comply with those standards then you may have grounds for a claim against them.

Take for example the situation where a plumbing/heating engineering company installed a central heating system for you. Upon completion, the system was not fit for purpose because it did not supply enough hot water to the radiators. In this case the company may be liable to you for damages to put the matter right. This might involve replacement of the whole system including a new boiler.

Individuals are also protected by the Consumer Rights Act 2015 in relation to the supply of goods and services, and our team will be able to advise you upon the appropriate route for your claim.

If your building contract was a design and build contract and it provided specific details with regard to the quality of materials to be used and the builder has not complied with the contract then you may have a claim for breach of contract, professional negligence and damages. You could also seek specific implement of the contract, where the court can order the builder to build what was contracted for.  

You may have grounds for a claim if the building is unsafe or defective.

Take for example the following situation: you have had an extension added to your property and the builder has now left the site and handed the property over to you. The staircase has not been properly attached to the building and is coming away from the wall. You cannot use the extension until the staircase is fixed.

If the build was supervised by the architect and they have issued a completion certificate then you may have a claim against the architect. However, the builder should be asked to rectify matters and if they do not do so then you will have a claim against the builder for the cost of putting matters right.