Professional Negligence Claim Against A Surveyor
Our solicitors are vastly experienced in assisting individuals and companies of all sizes to advise upon a professional negligence claim against a surveyor. At Blackstone Solicitors, we are able to advise many different types of client on the process involved, no matter the complexity of the circumstances being considered and the nature of the claim.
For more information about how our team of corporate solicitors can help, contact us on 0345 901 0445 or complete our online enquiry form and a member of the team will call you back at a convenient time.
Claims against surveyors for professional negligence can arise when a surveyor fails to provide you with the service you can reasonably expect as a client. If the surveyor’s negligence means that you suffer financial loss, it is possible for you to bring a claim against the surveyor to compensate you for those losses.
Blackstone Solicitors are known for our efficiency, attention to detail and ability to get things done; qualities much needed when making a professional negligence claim against a surveyor. We will provide professional, pragmatic advice based on our years of experience in this specialist area.
Our team will do all that is necessary to ensure you are properly and robustly represented in any claim and will put your interests first at all times. The procedure can often be highly technical and we will ensure you are in the best possible position for a successful outcome.
Why Legal Help is Important
Professional surveyors who are negligent can be held accountable and a claim made against them, especially if their actions have devalued the property. However, it may be the case that any compensation may not cover the cost of rectifying the problem. Instead, courts may only award damages equivalent to the difference in value between the property in the defective state and the value as if the defect did not exist. This is called the diminution in value.
In order to establish whether there has been a diminution in value, it will be necessary to instruct an independent expert surveyor to write a report. Blackstone has contacts within this industry to appoint a suitable expert on your behalf.
Most claims against surveyors can be complex and that’s why it’s important to have experienced legal representation.
The process can be potentially stressful and can be considered to be
incredibly important. It can have an impact on you and your business, both in the short and long term – it is therefore imperative that you have the best legal experts at your side, not only to ensure everything progresses as it should but also to make sure both you and your business benefits from the best possible terms of a claim.
Surveyors are usually instructed to assist clients in a number of different areas. These include valuations and surveys of both residential and commercial property.
Professional negligence claims against a Surveyor can be pursued where their valuation falls outside an accepted bracket of possible valuations for that property.
In terms of inspections and surveys for a residential property, the extent of a Surveyor’s duty of care will depend on the type of survey a Surveyor is asked to undertake. There are three main types: a Mortgage Valuation Report, a HomeBuyer Report and a Building Survey. Each survey is more costly than the next and more importantly, covers a greater level of detail about the property. As such, if a client simply selects a Mortgage Valuation Report, the duty owed to a client will be extremely limited as it only covers a very basic level of inspection. At the other end of the spectrum, there is a Building Survey. The duty owed by a Surveyor undertaking this will be much greater given the need to go into far more detail about the condition of the property.
Other questions to be considered will include whether the surveyor followed the client’s instructions and took reasonable care in carrying out those instructions. Before reaching any ruling a court will also need to look at whether the surveyor demonstrated basic competence and skill, offered advice on all appropriate matters, and whether he or she sought to protect the client’s interests.
If you’ve identified that your surveyor has breached their duty of care and it has resulted in a loss on your part, then you may be able to claim for damages from them or their insurer. Damages are not intended to be compensation. They are meant to place you in the position you would have been, had your architect not been negligent. They are not designed to put you in a better position than you would have been in.
Whatever the circumstances are of the negligence claim, we ensure full compliance with corporate laws and regulations, so that you can be sure that the process is addressed on a firm financial and legal basis.
We will work with you to ensure all financial and legal aspects of any negligence claim is properly managed and instruct a suitably qualified expert surveyor if required. We are able to assist with any aspect of this and will guide you through the technicalities in a clear and concise way. We have a team of experienced solicitors well versed in the process who are ready to assist you.
Get in Touch
Find out more about our services and how our commercial litigation solicitors can assist you and your business by getting in touch. We have offices in Cheshire and London and are able to serve clients across the North West, including Chester and Manchester, as well as throughout the UK and also overseas.