SURVEYORS PROFESSIONAL NEGLIGENCE CLAIMS
The Royal Institution of Chartered Surveyors (RICS) and the National Association of Valuers and Surveyors (NAVA) deal with complaints and discipline within the surveyors profession but are able to offer a method of claiming compensation in the law courts for professional negligence by a surveyor.
HELPLINE 0844 764 0104
Full Structural Survey
Many surveys that are dealt with on a minimalist basis are qualified as such and do not represent a full structural survey which would be considerably more expensive. If a client expects a full and detailed structural survey they should give instructions for a full and detailed structural survey failing which they will receive a basic report on the property without considering structural matters unless they are so obvious that they cannot be ignored.
HELPLINE 0844 764 0104
Breach of the Duty of Care
To prove a claim for surveyors professional negligence it is necessary to show that there exists a duty of care between the parties and to show that the surveyor’s behaviour has fallen below a reasonable standard, leading directly to financial loss. The most common court action for surveyors professional negligence relates to property surveys which fail to disclose defects that are expensive to resolve. If a surveyor has been negligent, by not pointing out structural or other defects, you may be able to issue legal proceedings for professional negligence. It should be noted however that the courts may only award the difference in value between a property in fair condition and the defective property rather than the actual cost of rectifying the defect.
HELPLINE 0844 764 0104
Banks & Building Societies
Most of the work of surveyors involves the preparation of building surveys and valuation reports for both potential purchasers and their banks or building societies. It should be noted that a surveyor can't always find every fault in every building due to accessibility difficulties – unless they are instructed to provide a full and detailed structural survey they will not drill holes in walls, pull up floorboards, knock off masonry, dig trenches or take any personal risks.
HELPLINE 0844 764 0104
Reasonable Competence
A surveyor will only be considered to be negligent if they have failed to act with the degree of care and skill to be expected of a reasonably competent surveyor. Examples of professional negligence by surveyors include :-
- failing to inspect the property properly
- failing to observe obvious visible defects in the property
- failing to identify dry rot, woodworm, cracking and subsidence
- failing to make sufficient enquiries
- producing an inadequate or defective report
- failing to warn of items require further investigation
HELPLINE 0844 764 0104
Professional Negligence Lawyers Association
If you find yourself in the invidious position of having to consider legal action to claim damages for professional negligence against a valuer or surveyor we can help. Our civil litigation solicitors, who are members of the Professional Negligence Lawyers Association deal with claims using the no win no fee scheme and compensation is paid in full. If you would like to know if you have a potential claim just email or use the helpline and we will take full details, carry out a detailed risk assessment and advise you in the clearest of terms whether or not we believe that you have a valid claim for compensation and the value of damages likely to be awarded.
Please Note :- We do not deal with complaints about poor service, bad attitudes or inadequate procedures. We deal with claims involving financial loss that has been or is likely to be sustained.