When we engage professionals to advise and assist us, we expect them to act professionally with due diligence and care in order to protect our position. When the professionals fail to act accordingly it can cause a lot of distress and inconvenience. At Duncan Lewis we have a dynamic Professional Negligence Department that is available to assist you bring a claim against your solicitor, barrister, architect, surveyor for professional negligence.
In the case of West & Anor v Ian Finlay & Associates (A Firm) [2013] EWHC 868 (TCC) (16 April 2013), Mr and Mrs White engaged an Architect to change the layout of the ground and lower floor of their home. The contract between them and the Architect included a net contribution clause providing that the Architect’s liability for loss or damage would be limited to the amount it would be reasonable to pay in relation to the contractual responsibilities of other contractors appointed by Mr and Mrs White. When the building work was completed, Mr and Mrs White moved into their property and to their horror, discovered extensive damp in the lower floor. Experts were called in and concluded that a sub contractor, Armour had not carried out any proper waterproofing. An independent check of the mechanical services and electrical installations revealed serious problems and led to a decision that the newly installed mechanical and electrical services would have to be removed and replaced. In the course of remedial works, it was discovered that floor slabs also installed by Armour in the lower ground floor were defective, requiring removal and replacement. Before proceedings were issued, Armour became insolvent and therefore Mr and Mrs West sought to recover from the costs of dealing with the problems and various consequential losses from the Architect as he was the project manager. Mr and Mrs West were successful and also awarded damages for stress and inconvenience.
Author is Anthony Okumah, Solicitor & Director of Professional Negligence & Civil Litigation at Duncan Lewis.