If you have a claim arising from poor supervision of a building contract then call us for a free case assessment and details of no win, no fee funding. Call 0333 888 0404 or email us at [email protected]
Anybody involved in a build project will undoubtedly have heard of a JCT Contract. In fact, a suite of contracts have been prepared by the Joint Contracts Tribunal. They are designed to “facilitate the process of delivering a building project. In simple terms they set out the responsibilities of all the parties within the process and their obligations to each other”.
One of the recommendations in a JCT Contract is the appointment of a Contract Administrator (known as a Project Manager under NEC Contracts) to act as the client’s representative throughout the project and oversee the works. Customarily, the role will go to the likes of a surveyor or an architect, but it can be any number of professions.
The work they undertake will invariably be to:
- invite and process tenders;
- oversee construction progress;
- co-ordinate with site inspectors;
- identify and agree defects;
- issue the various certificates required; and
- generally act as liaison between all the parties.
Their brief can be as wide or as limited as the client wishes, but if a Contract Administrator or Project Manager fails to supervise or administer the contract, things can go seriously wrong.
Among the problems arising from poor supervision of a building contract are:
- Failure to ensure the contract is signed;
- Failure to notice or report on building defects;
- Failure to comply with the timetable;
- Biased decisions;
- Allowing an overrun on costs;
- Negligently issuing Interim or Final Certificates;
- Failure to ensure insurance was in place; and
- Recommending unreliable contractors.
All of those (and more) could be considered negligent.
And where there is negligence, invariably a financial loss will result. An overrun on the project; additional build costs; inability to recover against the main contractor; having a build fail due to incompetence are all factors that are likely to have far reaching costs consequences for the client.
How we can help with your claim
We operate a free consultation service for professional negligence claims. We will be happy to assess your case and outline your funding options, including ‘no win, no fee’ in claims where damages are likely to exceed £25,000.
Our recommended team of professional negligence solicitors specialises in representing claimants, dealing with clients nationwide and overseas. We are SRA regulated and Lexcel accredited by the Law Society for excellence in client care.