All construction and engineering trades bring with them some risk of negligence. The same is true of landscape gardening, particularly when the job concerned is more structural than cosmetic.

There is occasionally a misconception about the work of landscape gardeners, with some prone to presume that these professionals do little more than plant plants.

However, planting is in many ways the least of it. For example, landscape gardeners will often require plumbing, building, lighting, and carpentry skills. Furthermore, in some instances, landscape gardeners may even make structural alternations to a building, house, or outhouse.

Of course, not all landscape gardeners have the above skills, and those who do will not bring them to every job. However, one area that is repeatedly an issue of concern is related to drainage and irrigation; where this is not installed properly, a property might experience damp and moisture problems.

If you have experienced financial loss as result of any of the above problems, call Healys LLP professional negligence solicitors today on 0800 433 4544. Continue reading →

All reputable design and construction professionals in the UK hold professional indemnity insurance (PII) – even in cases where it is not compulsory, it is clearly the responsible thing to do and provides invaluable insurance and reassurance to clients who, should they become the victims of negligence, then have recourse to a design and construction professional negligence claim. Continue reading →

A roof could not be more symbolic, nor could it be more practical: it is the very thing that protects us and our families, the structure of our homes, our insulation, our possessions and our furnishings.

Indeed, the phrase “having a roof over one’s head” tells us all we need to know – without a good functioning roof it can be said that we do not have a home. As such, if the professional negligence of a roofer has led to you sustaining serious inconvenience and financial loss, you may be able to claim professional negligence compensation. Continue reading →

Increasingly, professional negligence lawyers are representing cases involving allegations of construction project manager negligence .

In fact, this is a reality is reflected in the insurance statistics – project managers are having to pay higher premiums in order to guard against the possibility of liability for negligence and consequent financial redress. Continue reading →

When a person or business buys a burglar alarm system, they do so in the expectation that it will help prevent the theft of their valuable belongings. In the event that the alarm system fails to perform a reasonable job, and financial loss is sustained as a result, it may be possible to make a professional negligence compensation claim . Continue reading →

The incidence of scaffolding professional negligence is reflected in the cost of liability insurance premiums most scaffolding firms are required to pay.

Although these premiums may account for a considerable proportion of a scaffolding firms’ expenses they are a necessary part of ensuring cover in the event of a professional negligence claim, whether it is made by a client, a sub-contractor or indeed any adversely affected member of the public.

However, by following a few simple steps, clients can minimize the risk of being affected by negligent scaffolding work. Continue reading →

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 →