Professional Negligence Claims
Construction disputes generate a detailed analysis of both the contract and the performance of the professionals under the contract.
Defective buildings and premises often involve an investigation of the design and consider design defects.
An analysis of whether a problem is defective design or construction often takes place. Claims can be against architects for defective design or engineers or Quantity Surveyors for their performance on the contract. Project Managers can be overwhelmed by a complex project and can lose control of the operational requirements of the contract and fail to operate the contractual mechanisms to ensure a control of time or cost.
We have experience in all aspects of contract analysis and investigation into the cause of disputes and liability for losses and damages.
We have many years experience in professional negligence claims against construction professionals, including architects, solicitors (in respect of contractual documentation and advice), engineers, Quantity Surveyors and Project Managers.
We have extensive experience analysing possible claims, including detailed analysis of Limitation Act issues to analyse the time limits to bring a claim, and complex issues of liability, causation and loss.
We are experienced in multi-disciplinary negligence claims where several causes of action can be identified against the professionals engaged in complex construction contracts.
The interaction between the various professionals in a disputed construction project is complex and requires a detailed analysis of each party’s rights and obligations. That detailed analysis is key to a successful outcome in dealing with a Professional Indemnity Insurer to ensure that costs are not wasted and the correct path for the recovery of losses is made. Professional negligence claims can be complex and costly and it is important to undertake an immediate and early analysis of the issues of liability often between a number of competing professionals and their professional indemnity insurers.
Professional negligence is an area of the law where experience and familiarity with the Professional Negligence Pre-Action Protocol is vital to move towards an appropriate and commercial outcome. The ability, with partner led experience, to undertake detailed and complex negotiations and settlement discussions with Professional Indemnity Insurers to achieve the appropriate outcome for the client is key to successfully driving forward these claims.
Contact our construction solicitors
If you would like to discuss further with our specialist construction solicitors that specialise in advising on professional negligence claims please contact us or call 01202 294566.