Negligence Claims Against Surveyors
Claims against surveyors are a type of professional negligence action. 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.
Has my surveyor been negligent?
Your surveyor owes you a duty of care. If they breach that duty, by making a mistake, then that is usually negligence.
There are many different ways in which a surveyor can be negligent and some examples of negligent mistakes made by surveyors are:
- failing to identify a defect in a property such as damp, dry rot or subsidence;
- failing to identify hazardous materials such as asbestos in a property;
- valuing a property incorrectly;
- errors measuring the location of boundaries;
- mistakes with technical land measurements; and
- failing to take proper account of factors such as easements and rights of way.
What should I do if my surveyor has made a mistake?
If your surveyor has made an error which has caused you financial loss, you should take legal advice straight away.
It is particularly important for claims against surveyors that evidence is preserved and recorded, before any work is undertaken to put the mistakes right. We can advise you about how to go about this, to ensure that your right to bring a claim against your surveyor is preserved.
It will be necessary to instruct an expert to provide a report on the mistakes your surveyor has made. We have a network of established experts that we use for this type of report.
Once this is complete and we have established that you have a good claim, we would send your surveyor a formal letter of claim, setting out the mistakes they have made, and the loss you have suffered.
The next steps would depend upon how your surveyor responds, and we will be able to discuss your options with you at that stage. In a lot of cases, mediation will be an appropriate next step, but in some cases, court proceedings will be necessary.
What about costs?
Your surveyor will almost certainly be insured, which means that they will be able to pay you damages and a large proportion of your costs, in the event that you bring a successful claim against them.
We appreciate that if your surveyor has caused you loss, that you may struggle to pay legal fees up front. This is why we have designed a range of flexible funding options for our clients, which can include conditional (no win no fee) agreements for appropriate cases.
We are happy to have an initial discussion with you about your case, at no cost to you.
What should I do next?
Samuels Solicitors has been acting for clients with professional negligence claims against surveyors for many decades, and this is a niche specialism for us.
If you think that you have a claim against a surveyor, contact us today for a no obligation chat.