Making an architect negligence claim
Undertaking extensive building work is not for the faint hearted. How do you go about designing it? Will the works comply with building regulations? What about planning requirements? And will the project come in under budget? There are so many questions that will need to be considered, and so much that can go wrong, even when you have a professional architect on your side.
What does the architect do?
An architect is there to guide you through the process. They should be there listening to what you want, the purpose of the building, the design and, importantly, your budget. They should then prepare their design, ensuring that the proposed building is fit for purpose, uses appropriate materials and complies with all legal (building and planning) requirements.
What can go wrong when you instruct an architect?
Here are just a few examples of what can go wrong when an architect is employed:
Design flaws
- the design doesn’t comply with building regulations;
- inadequate foundations or load bearing causing the building to lean or even fail;
- a failure to realise the existence of on-site conditions such as a basement making the project more costly;
- an inappropriate design, unsuitable for your needs; and
- a failure to use appropriate materials
Budget flaws
- failing to ascertain your budget;
- designing something that is outside of your budget; and
- failing to give appropriate instructions to the builder.
Contract flaws
- failure to oversee the correct tendering process;
- failure to notice or report on defects;
- failure to comply with the timetable;
- allowing an overrun on costs; and
- negligently issuing Interim or Final Certificates.
Can an architect be held legally liable if they make a mistake?
Yes – and they can be liable in both the law of contract and in the law of negligence.
Under the Supply of Goods & Services Act 1982 or, for more recent contracts, the Consumer Rights Act 2015, the architect must act with reasonable skill and care – which is the same standard used in negligence. If it can be shown that the architect did not “exercise the ordinary skill of an ordinary competent man exercising that particular art”, then he can be found in breach of contract and/or negligent.
How we can help with your architect negligence 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.
