Professional Negligence Against Property Professionals
If a surveyor, architect, engineer, conveyancer or other property professional has made a mistake that caused you financial loss, you may have grounds for a professional negligence claim.
Our specialist professional negligence team advises individuals and businesses on claims against surveyors and other property professionals across the UK. We provide clear, practical advice to help you understand your options and pursue compensation where appropriate.
What are professional negligence claims against property professionals?
Property professionals like solicitors, conveyancers, engineers, architects, project managers, builders or any other property professional are trusted by their clients. You expect the service you receive to meet the standard of a reasonably competent professional.
However, mistakes can happen. When advice or services cause financial loss, you may be entitled to bring a claim against a negligent surveyor, architect or other professional.
Examples of professional negligence against property professionals
A surveyor failing to identify significant defects or providing an inaccurate valuation
A conveyancer missing title issues, rights of way or restrictive covenants during a property transaction
An architect producing defective designs or specifications
An engineer providing incorrect calculations that lead to structural or construction problems
A project manager failing to properly oversee a project, resulting in avoidable losses
Property professionals will typically have insurance, which gives some comfort to prospective claimants that they will actually recover some or all of their losses.
"Many people are unsure whether a poor outcome means a property professional has been negligent. That is not always the case. The key question is whether the surveyor, architect, engineer, conveyancer or other professional acted to the standard expected of their profession. Identifying that distinction early can help clients understand whether they have a viable claim and what steps to take next."
James Berry
Partner & Head of Commercial Dispute Resolution North
Key contacts
James Berry
Partner & Head of Commercial Dispute Resolution North
What do I need to prove in a professional negligence claim?
To bring a successful professional negligence claim against a property professional, you will usually need to establish three key elements:
A duty of care existed: The surveyor, architect, engineer, conveyancer or other property professional must have owed you a duty of care. In most cases, this arises because you instructed them to provide professional services or advice
That duty was breached: You will need to show that the professional failed to meet the standard expected of a reasonably competent member of their profession. This could include providing incorrect advice, overlooking important information, carrying out inadequate investigations or making errors in designs, calculations or reports
For example, a negligent surveyor may fail to identify significant defects in a property, while a negligent architect might produce flawed designs that lead to costly construction issues.
The breach caused you loss: It is not enough to show that a mistake was made. You will also need to demonstrate that the mistake directly resulted in financial loss. These might be repair costs, reduced property value, project delays, additional construction expenses or losses arising from a failed transaction
If you are considering suing a surveyor for negligence or looking to sue an architect because of mistakes that have caused financial loss, establishing this link between the professional's actions and your losses will be a crucial part of your claim.
When can I sue a property professional for negligence?
If a property professional has failed to meet the standard expected of their profession and that failure has caused you financial loss, you may have grounds to bring a professional negligence claim.
Property Professional | Examples of negligence | |
Surveyors | You may be able to sue a surveyor for negligence if they failed to identify defects that should reasonably have been discovered during an inspection, provided an inaccurate valuation, or overlooked issues that affected a property purchase or investment. | |
Architects | A professional negligence claim against an architect may arise where defective designs, specification errors or failures in project administration led to additional costs, delays or construction defects. | |
Engineers | Claims against engineers can arise from negligent advice, design errors or incorrect calculations that result in structural problems, safety concerns or project delays. | |
Conveyancers | Professional negligence claims against conveyancers often involve failures to identify title defects, restrictive covenants, rights of way, planning issues or other matters that should have been identified during a property transaction. | |
Other property professionals | Claims may also be brought against project managers, quantity surveyors, building consultants and other professionals involved in property and construction projects where negligent advice or services have caused loss. |
How do I make a professional negligence claim against a property professional?
Bringing a professional negligence claim against a surveyor, architect, engineer, conveyancer or other property professional can feel daunting, but our team will guide you through the process.
Here is what to expect:
Contact us to discuss your specific circumstances. We will listen to your situation and help you understand whether you have a potential claim.
If instructed by you, our team will review the details of your case, including any documents or evidence you have and advise you on the strength of your claim and identify a suitable funding arrangement to pursue it.
If we believe you have a valid claim, we will follow the required pre-action protocol. This usually involves sending a formal letter to the property professional or their insurer, outlining the details of your claim.
Many professional negligence claims are resolved through negotiation or mediation, without the need to go to court. We will handle all discussions on your behalf to seek the best possible settlement.
If a settlement can't be reached, we will guide you through the court process and represent you every step of the way.
Cases of suing property professionals
Acted for a client suing a firm of structural engineers for negligent calculations of the forces acting upon mechanical handling equipment.
Dealing with High Court litigation over alleged mortgage fraud involving property in Mayfair, London. The lender bank was making very substantial claims against the surveyors and solicitors who had provided professional advice in the course of the transactions. The case was settled on satisfactory terms prior to trial.
Suing a surveyor for providing a negligent and significantly overinflated valuation upon which a challenger bank relied when lending; the borrower subsequently entered liquidation causing substantial loss to the bank, with court proceedings being prepared in a matter valued at approximately £800,000.
Suing a surveyor for producing a defective survey of a commercial building which failed to identify serious deficiencies in the heating system; the matter, valued at approximately £250,000, is at the pre-action stage with a pre-action disclosure application to be made.
Acting for administrators of a building society in reviewing their loan book, identifying instances of surveyor negligence, and subsequently pursuing recovery actions against valuers across multiple jurisdictions.
Suing a quantity surveyor for negligent valuation in a matter valued at approximately £10 million; proceedings are ongoing.
Suing an architect for negligent design resulting in the need to rebuild significant parts of a construction project, in a matter valued at approximately £1 million; proceedings are ongoing.
Suing a design and build contractor for the negligent design of a timber-framed public building; the matter settled, with agreement secured to carry out repairs valued at approximately £3 million together with additional damages.
Suing an engineer for the defective design of a significant London basement scheme; damages of approximately £2 million were recovered.
Suing a well-known firm of architects for professional negligence arising from their failure to investigate below-ground conditions prior to the design and build of an extension to commercial premises; a mediated settlement was achieved, in a matter valued at approximately £350,000.
Suing a firm of surveyors for professional negligence in failing to accurately identify the development potential of a sports club's training ground; the claim was valued at approximately £3 million.
Professional negligence claims against property professionals FAQs
In most cases, you will have six years from the date the negligence occurred. However, if you only became aware of the issue later, the time limit may run from the date you discovered it. Either way, acting sooner rather than later puts you in the strongest position, so if you are unsure, it is worth getting advice early.
Most surveyors, architects, engineers, conveyancers and other property professionals carry professional indemnity insurance. While insurance does not guarantee a successful outcome, it can provide a route for recovering compensation where a claim is established and losses have been suffered.
Costs vary depending on the complexity of your case. You might have legal expenses insurance which can help you finance the claim, or we might be able to offer you a discounted conditional fee agreement (whereby you pay our rates at a discounted level in return for a success fee if we represent you successfully). We will be upfront about fees from the outset and talk you through the funding options available, so you can make an informed decision before committing to anything.
If a professional owes a duty of care to a person, it does not matter if they have not been paid or if they were acting at a discounted rate or even free of charge. However, the professional may have some arguments as to the scope of their duty or agreement with you in such a situation.
Generally, the court will try and put a claimant in the position they would have been but for the professional's negligence, i.e. to compensate the claimant for the loss they have actually suffered. The amount of money you recover will therefore depend on the loss or potential loss you have suffered.
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