What is Professional Negligence in Construction?
Professional negligence occurs when a construction professional fails to exercise the reasonable skill and care expected of someone in their role, resulting in financial loss, delay, or damage to the client or other parties.
Key Elements of a Professional Negligence Claim
To succeed in a professional negligence claim, a claimant must establish:
- Duty of Care: a legal obligation to provide services with reasonable skill and care;
- Breach of Duty: the professional failed to meet the required standard;
- Causation: the breach directly caused the loss; and
- Loss: a measurable financial or physical loss occurred as a result.
Examples of Professional Negligence in Construction
We act in cases involving:
- Design Defects, including inadequate fire-stopping or structural miscalculations
- Miscalculations by Engineers affecting safety and buildability
- Inaccurate Cost Estimates by Quantity Surveyors or Cost Consultants
- Misadministration of Construction Contracts by Project Managers
- Inspection & Surveying Errors, including failures to identify structural issues
- Failure to Identify Hazards, especially in compliance with CDM Regulations
- Missed Contract Variations impacting payment or project delivery
- Fire Safety Breaches, including failure to comply with Building Safety Act 2022.
In the wake of the Grenfell Tower Inquiry, fire safety has become a central issue in professional liability claims. We advise clients on liability exposures linked to design, specification and inspection failures under the new regulatory framework.
Bringing and Defending Professional Negligence Claims
Our Team are experienced in advising in disputes involving:
- Contractors
- Surveyors and Quantity Surveyors
- Project Managers
- Architects and Engineers
- Solicitors
- Professional Indemnity (PI) Insurers.
Time Limits for Professional Negligence Claims
Under the Limitation Act 1980:
- Claims in contract must be brought within 6 years from the date of breach.
- Claims in tort must be brought within 3 years from the date of knowledge, subject to a 15-year longstop for latent defects.
Mitigating the Risk of Professional Negligence Claims
We work with clients to manage and reduce professional liability risks through proactive legal advice. Key risk mitigation strategies include:
- Clearly defining the scope of services in professional appointments
- Maintaining accurate records and clear communication
- Ensuring compliance with legislation and industry standards
- Using limitation of liability clauses (subject to the Unfair Contract Terms Act 1977)
- Allocating risks clearly within the contract
- Obtaining and maintaining adequate PI insurance.
Key Legislation
We advise on and work within the framework of key legislation affecting professional liabilities in construction, including:
- Building Safety Act 2022
- Insurance Act 2015
- Defective Premises Act 1972
- Limitation Act 1980
- Unfair Contract Terms Act 1977
- CDM Regulations 2015.
Why Choose Us?
Our team has deep experience handling high-value and technically complex disputes in the construction sector, including professional negligence claims. We combine legal excellence with commercial awareness to achieve the best possible outcomes for our clients.
Contact our construction procurement solicitors today
Whether you're looking to bring a professional negligence claim, respond to one, or reduce your exposure in future projects, we can help. Contact Paul O’Donnell at paul.odonnell@culbertellis.com or 07521 417579 to discuss your project or tender.
