Architect Negligence Claims

What is architect negligence?

Architects are usually instructed by individuals or businesses to:

• Design and draft plans for a new property/commercial installation;
• Obtain planning permission;
• Draft/prepare tender documentation and approve/appoint a contractor;
• Supervise and/or administer works; and
• Certify those works.

Architects owe their clients a duty of care to perform their work with reasonable care and skill. This is both under common law (the law of negligence) or more specifically it will be set out in the retainer (their terms of business). If they fail to carry out their duties with the appropriate skill and care, and you suffer a loss as a result, then you may be able to bring a claim for professional negligence.

To bring a professional negligence claim against an architect, proof will need to be obtained that the individual or company concerned has breached the duties referred to above. This is usually done by obtaining a report from another architect to comment on whether the work undertaken fell below the standard to be expected of a reasonable architect. This is something we can discuss and provide assistance in obtaining.

Examples of architect negligence

The list below is not intended to be exhaustive so if you think you have a professional negligence claim against your architect, and you cannot see an example below, please contact us for more information.

• Failing to draft the design or plans for a new property/building or extension.
• Failing to obtain planning permission (or the correct planning permission) for an extension to a property.
• Failing to prepare the appropriate tender and not including all necessary items and/or underestimating what work would be required.
• Failing to supervise the works of a contractor with reasonable care and skill. Furthermore, failing to ensure a contractor used the correct materials.
• Certifying works as complete despite them being either (i) incomplete; or (ii) undertaken poorly.

How we can help with architect negligence claims

We can help both businesses and individuals bring architect negligence claims and guide you through the legal process. Our comprehensive legal service includes:

• Initial consultation – Assessing the merits of your claim and providing expert advice.
• Evidence gathering – Collecting necessary documentation and expert testimonies.
• Negotiation – Engaging with the responsible parties to seek a fair settlement.
• Litigation – Representing you in Court if a satisfactory settlement cannot be reached.

We have an experienced team of solicitors, led by Partner, Daniel Brumpton, who is a leading individual recognised in independently researched legal directories, including The Legal 500.

We have acted in numerous claims against architects, for example:

• We acted for an individual who instructed an architect to prepare and design plans for a large roof conversion. Only after work had begun was it apparent that the design/plans had been drafted incorrectly. Our client was forced to stop work and instruct a new architect to prepare new plans. This then necessitated a change to the agreed works at a much greater cost. We were able to help our client in recovering that cost from the negligent architect.
• We acted for an individual who instructed an architect to act as a supervisor in the building of a new property. The architect was also asked to certify the build at various stages and at the end, in the absence of NHBC approval. The architect approved the works in breach of duty as the property was not complete and various pieces of work were outstanding. We were able to successfully recover a sum of money for our client representing the cost of outstanding work that was required for the property.
• We acted for an individual in a claim against his architect, builders and engineer in a dispute regarding substantial damage caused to a property when acrow props were removed from an extension causing the building to subside.