If you are considering a claim for compensation because of the professional negligence of a construction contractor, you should be aware that there is a protocol for all construction and engineering disputes – including for work performed by architects and quantity surveyors.

The protocol is approved by the courts and aims to facilitate the early exchange of evidence between disputing parties so that expensive and lengthy litigation can be avoided – correct use of the protocol can also help clarify which matters are crucial to a dispute and thereby reduce the amount of time wasted on distractions and extraneous issues.

The majority of professional negligence construction claims which are brought in front of a judge come before the Technology and Construction Court. There are many advantages to having a specialist court division to hear these cases, not least because they are incredibly well-versed in all the legal and technical issues which are often critical to a claim’s outcome.

For example, judges have in-depth and specialised knowledge of important pieces of relevant legislation such as the Construction (Design and Management) Regulations 1994, the Defective Premises Act 1972, and the Housing Grants, Construction and Regeneration Act 1996.

Where appropriate, cases may be referred for court-enforceable adjudication. Although these are cheaper and less time-consuming than court proceedings, they are still binding and should always be treated as such. Continue reading →

Builders negligence can derail a project and end up costing the client a fortune. Of course, there is always risk, from inception to completion, that something might go wrong, but it is when negligence causes the mistake and financial loss is suffered that the client can claim compensation.

The professional negligence lawyers at Healys LLP can help you establish liability, building a strong evidence-based case for compensation against the builder, construction contractor, surveyor, architect, or engineer who caused you to sustain loss. Continue reading →

If you are considering a claim for professional negligence, you will need to consider carefully any potential costs associated with your claim – your lawyer should provide you with detailed estimates and analysis to help you fully understand the possible cost-benefit of the action.

Unfortunately, many litigants fail to consider the realistic impact of costs and fees and can sometimes become involved in costly litigation that saddles them with disproportionate fees.

Costs should always be appropriate and should, where possible, be broken down in such a way as to be clear, transparent, and entirely accountable – where costs are calculated poorly, courts may decline to give them approval. Continue reading →

There is a threefold test for claiming for construction negligence. This is as follows:

• 1 – did the construction contractor or sub-contractor owe you a duty of care?
• 2 ‐ was this duty of care breached?
• 3 – did this breach result, directly, in you sustaining significant financial loss?

In some cases it might be relatively straightforward in building up a case that meets this three-fold test. However, in some claims there is more complexity, particularly when it comes to ascribing liability. Continue reading →

If you have suffered financial loss as a result of the negligent actions of any kind of professional, it may be possible to claim compensation. The specialist professional negligence lawyers at Healys LLP bring clarity and direction to the dispute process and can help you find the best possible resolution in your circumstances.

Sometimes, the best method of resolving a professional negligence dispute will be to avoid litigation if at all possible and to employ the less adversarial processes of alternative dispute resolution (ADR). Continue reading →

Based in London and Brighton, Healys LLP bring innovative and authoritative legal solutions to clients looking to make a claim for professional negligence.

We have expertise across the full spectrum of professional negligence specialisms, including the following:

• Claims against negligent lawyers or solicitors
• Accountant and IFA negligence claims
• Engineer, architect and construction negligence claims
• Estate agent and surveyor negligence claims
• Negligent valuation claims

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In any professional negligence claim it is necessary to prove that the defendant owed a duty of care, breached that duty of care and that the breach had causation in the claimant sustaining significant financial loss.

However, in some cases where negligence occurs it may not be necessary to meet usual evidential standards in establishing that negligence was the precise mechanism by which loss was sustained – instead it may be necessary only to prove that the damage caused is consistent with what would be expected with the nature of the defendant’s negligent work.

This is a principle derived from case law in cases such as Drake v Harbour [2008] Continue reading →

If you believe that the professional negligence of an architect, construction professional, quantity surveyor or engineer has caused you to sustain significant financial loss, your first step to seeking resolution and redress of your grievance should be the Pre-Action Protocol for Construction and Engineering Disputes. Continue reading →

In order to make a successful construction negligence claim, the claimant must be able to prove that architects, engineers, or builders etc failed to uphold existing safety rules, building regulation requirements or the contractual terms were breached. If any of these scenarios have caused financial loss, then the case may warrant action.

The claimant will need to prove liability in negligence and the law requires fulfilment of certain elements if the construction negligence claim is to be settled in their favour.

Healys’ professional negligence solicitors have many years’ experience in this field and can help you ascertain the merits of your case. To find out more about making a construction negligence claim with Healys, please click here. Continue reading →

There are few things as exciting for a family as getting the builders in, whether it is to build a loft conversion, an extension or to install a new kitchen. However, in the event of incompetent or negligent building work, a time of excitement can quickly turn to one of inconvenience, trauma and great expense – in such a situation it may be possible to make a claim for builder’s negligence . Continue reading →