Where an individual or business employ a surveyor to perform work on their behalf, there is an expectation that this will be performed to certain standards. Where this is not the case, the client can suffer considerable financial loss. In these circumstances, the client may wish to bring a claim for professional negligence to be compensated for their losses. Ensuring that you have expert legal advice as soon as you become aware of a possible claim is highly recommended to make sure that you get the right outcome in your circumstances.
What is Professional Negligence?
To prove that professional negligence has occurred it is necessary to establish that there was a duty owed by the surveyor to the client. The Royal Institute of Chartered Surveyors offers a wealth of information on the standard of care that a surveyor should use when performing their duties.
A surveyor is expected to perform their duties to a level of reasonable competence. There are several mistakes that a surveyor can make that could be regarded as professional negligence including:
- Failing to inspect a property correctly.
- Failing to make sufficient enquiries.
- Failing to notice visible defects.
- Producing a report that is either inadequate or defective.
- Failing to warn about areas that should be further investigated.
- Failing to observe dry rot, woodworm, cracking or subsidence.
- Failing to identify asbestos or other dangerous materials.
- Failing to identify a right of way over the property.
- Failing to identify that the house is made from precast reinforced concrete (PRC) meaning that it cannot be sold on the open market because of mortgage lenders’ rules.
These omissions can have serious financial consequences for the client that relies on them and can have costly and time-consuming results including:
- Expensive repairs that come to light at a later date.
- The value of the property decreasing when the client comes to sell the property and these defects are uncovered by a different surveyor.
To be successful in a professional negligence claim against a surveyor, it is necessary to establish what the surveyor was instructed to do, including the extent of the survey and what the client requested to be assessed. It is then necessary for the client to show the following:
- That the surveyor owed the claimant a duty of care as part of their client-surveyor relationship.
- That the level of care shown by the surveyor was below the relevant standard of care of someone of similar expertise in the same circumstances.
- That the breach of the duty has caused the client harm. This will be assessed by determining what the outcome would have been had the surveyor performed their role correctly. There needs to be a strong link between the negligent act and the consequences.
- That there was loss suffered as a result of the breach.
It is not always the case that a surveyor will be deemed negligent where a defect is identified at a later date. A lot will depend on what would have been reasonably apparent to the surveyor for the type of survey requested. For example, a Homebuyer Report only reassures the bank that the house is worth the money requested for the mortgage. It is not expected to go into the same amount of detail as a full survey, which should go over the structure and surface of the house to advise the potential buyer of any problems. The type of survey requested can affect how likely a claim is to be successful.
What Should You Do if Your Surveyor Is Negligent?
The parties must first try to resolve the matter outside of court following the procedure set out in the Professional Negligence Pre-Action Protocol. A vast majority of cases will be resolved in this way. Before commencing court proceedings, a client has to draft a letter of Claim that states the particulars of their case. The surveyor then has three months to respond and the parties will attempt to resolve the dispute.
Where this is not possible, the client can then bring proceedings issuing a claim form which details their grievance and the losses suffered. At this stage, the surveyor states if they are:
- Defending the claim
- Bringing a counterclaim, for example in relation to outstanding fees.
Where a client brings a successful claim, the court will calculate the level of damages based on what is needed to restore them to the position they would have been in if the negligent conduct had not occurred. Where the value of the property decreases as a result of the negligent act, the Court will usually award damages for the reduced value of the property that was a result of the surveyor's actions.
Where a client has made their situation worse, for example for failing to disclose relevant and material facts to their surveyor, then the court can find that they were contributorily negligent. This could mitigate the potential damages that they can recover.
Are These Claims Time Limited?
The limitation period for claims for professional negligence is six years from the incident that gave rise to the claim, or three years from the point that they became aware of the grounds giving rise to the claim (so long as this is within 15 years of the negligent act). Claims that are not brought within this period may be forfeited and result in the client not being able to claim compensation. It is therefore vitally important that anyone concerned that they may have suffered a loss due to their surveyor's negligence takes specialist legal advice as soon as possible to ensure that the correct steps are followed.
What Funding Options Are Available?
There are various funding options available for clients that are needing to bring a professional negligence claim. In some instances, it may be possible to have a no win no fee arrangement, which is known as a conditional fee arrangement.
Contact Our Professional Negligence Solicitors Mayfair and Throughout London Today
Bringing a professional negligence claim against a surveyor can be a complicated process and so it is essential that you instruct specialist professional negligence lawyers to assist you with your case. Our expert lawyers use their legal expertise to advise clients on the correct way to proceed. Our expert lawyers can also advise surveyors that are the subject of a claim, which can be a stressful time that impacts their professional reputation.
At Lewis Nedas, our team of Professional Negligence Lawyers have award-winning experience in professional negligence cases. We have successfully advised clients with highly complex and multi-faceted cases. To speak with one of our Professional Negligence Lawyers, please contact us on 020 3811 5143 or complete our online enquiry form.
