Bringing a Professional Negligence Claim Against a Property Professional

Something has gone wrong with your property. The builder is at fault, but they may not be the only one.

If you relied on the advice or services of a property professional, such as a surveyor, architect, or planning consultant, and things have gone seriously wrong, you may have grounds to bring a professional negligence claim against them too.

Who counts as a "property professional"?

Property professionals include:

• Surveyors (including valuers and building surveyors)
• Architects
• Engineers (structural and civil)
• Planning consultants
• Project managers

Why would you claim against the professional, not just the builder?

This is one of the most common questions we hear.

The short answer: professional indemnity insurance.

Unlike many building contractors, who may be dissolved, insolvent, or simply uninsured, regulated property professionals are typically required to hold professional indemnity insurance. This means there is a real prospect of recovering meaningful compensation, even a number of years after the work was carried out.

What does a professional negligence claim involve?

To succeed, you would generally need to show that:

• The professional owed you a duty of care
• They breached that duty (i.e. fell below the standard expected of a reasonably competent professional in their field)
• That breach caused your loss
• You have suffered a quantifiable loss as a result

The step-by-step process

1. Consider a complaint to the professional's firm

Before starting legal proceedings, it is worth raising your concerns formally with the firm itself. This can sometimes lead to an early resolution and is also useful evidence of your attempts to resolve matters.

2. Consult a solicitor

Professional negligence claims are legally and procedurally complex. Taking early legal advice is essential. A specialist solicitor can assess the merits of your claim, advise on limitation periods (the time you have to bring a claim), and help you understand your options.

Important: In most cases, you have six years from the date of the negligent act to bring a claim, although this can vary. Don't delay in taking advice.

3. The Pre-Action Protocol

Before any court proceedings are issued, you must follow the Professional Negligence Pre-Action Protocol. This involves:

• Sending a Letter of Notification to the professional
• Providing a detailed Letter of Claim setting out the allegations, the loss suffered, and the evidence relied upon
• Allowing the professional time to investigate and respond
• This stage is designed to encourage early settlement and avoid unnecessary litigation.

4. Negotiation

Many professional negligence claims settle without going to court. Once the Letter of Claim has been sent and the professional (or their insurer) has responded, there is often a period of negotiation. Mediation may also be used at this stage.

5. Court proceedings

If a settlement cannot be reached, proceedings can be issued in the civil courts. The appropriate court will depend on the value and complexity of the claim.

6. Conclusion of the claim

Whether through a negotiated settlement or a court judgment, the aim is to recover compensation for the losses you have suffered - which may include the cost of remedial works, diminution in property value, and associated costs.

How Smith Partnership can help

Our professional negligence team, based in Leicester, acts for individuals who have suffered loss as a result of negligent advice or services from property professionals.

Get in touch with our specialist professional negligence solicitors today. Contact our team by telephone on 0116 247 2000, complete our contact form, or send us an email via info@smithpartnership.co.uk. 

We also have offices across the East Midlands and Staffordshire with contentious probate solicitors, in Burton, Derby, Stoke-On-Trent and Swadlincote.