Professional Negligence Claims Against Architects or Contractors
Claims against architects may arise where drawings or designs turn out to be wrong. An architect may also be instructed to administer a building contract and so will be bound by contractual obligations as well as the duty to act with reasonable care and skill. Negligence by an architect can be disastrous as it may bring a building project to a halt, can be very expensive, and may mean that a property is not liveable.
Building contractors are usually engaged under a building contract and are required to act with reasonable care and skill pursuant to the contract and in tort, meaning that they can be sued in negligence if the work is negligently performed, or if there is no written contract.
Examples of architect’s negligence includes:
- Negligent drawing or design
- Failing to advise on obtaining necessary planning permissions
- Breach of building regulations
- Failing to administer a contract properly
- Incorrectly tendering the works
- Failing to follow client’s instructions
Examples of contractor’s negligence includes:-
- Failure to execute architect’s designs
- Breach of building regulations
- Negligent workmanship
- Damage to property
If you suspect negligence by an architect or contractor, you will usually need a report from another expert on the standard of workmanship as a preliminary step. This can be expensive and may not be funded by a no win no fee agreement. However, it is always advisable to obtain evidence about the work as soon as possible, before carrying out any rectification work, as it will be much harder to go back to inspect the negligent work once you have put it right, but not impossible.
