Compensation for negligent architect advice
At Nelsons, our solicitors have experience of dealing with successful professional negligence claims against architects. We can guide you through the legal process from start to finish, including explaining the options for funding a claim and the legal procedures required to bring a claim through the Court.
Architect negligence claims
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.
In order 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. This is something we can discuss and provide assistance in obtaining.
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 under-estimating 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
At Nelsons, we can help both businesses and individuals bring architect negligence claims and guide you through the legal process. We have an experienced team of solicitors, led by Partners, Cathryn Selby and Daniel Brumpton, who are individuals recognised in independently researched legal directories, such as 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 works had begun was it apparent that the design/plans had been drafted incorrectly. Our client was forced to stop works and instruct a new architect to prepare new plans. This then necessitated a change to the agreed works at 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 build 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 to 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.
For more information about our professional negligence services, contact a member of our team in Derby, Leicester or Nottingham via our online form or call 0800 024 1976 for a guaranteed response.
“Nelsons...client roster includes high-net-worth individuals, sports professionals and property businesses. It handles claims against solicitors and barristers, financial advisers, insurance brokers, surveyors and architects, among others. It has a notable specialism in defending professionals against claims where there is no insurance cover in place or where cover has been reserved. Although it predominantly acts for claimants, the team is also engaged by insurance companies on the defendant side.”Legal 500