Mistakes do happen; however, surveyors have a duty to apply reasonable care and skill when undertaking their duties. All construction professionals including surveyors are regulated by the Royal Institute of Chartered Surveyors and if they are negligent and this causes you financial loss, you may be able to bring a professional negligence claim.
Most claims arising from surveyor’s negligence are based on the principle that the surveyor performed his duties below the standard of a reasonably competent surveyor and that constituted negligence. The most common surveyor errors are:
- Incorrect property valuations
- Failure to identify subsidence
- Failure to inspect a defect on inspection of the property
- Failure to refer to an expert for further investigation
All surveyors are required to carry professional indemnity insurance, therefore if they have been negligent in the exercise of their duties, you will be entitled to compensation.
Robert James Solicitors take a holistic approach to Professional Negligence Claims and where possible we will push for alternative dispute resolution such as mediation, but where this is not possible, we will ensure that your case is progressed and where necessary court proceedings are issued.
Robert James Solicitors have over 25 years’ experience and an excellent track record of supporting clients in making Surveyors claims. If you or your loved ones require legal advice and support on how best to proceed with a Surveyors claim, call one of our specialist solicitors on 0151 559 0120 or complete our online claim form and one of our solicitors will call you back.
Good to Know
Frequently asked questions related to Surveyors are answered below. If you have any other questions about Serious Injury Claims, contact us for further information and advice.
Can I sue my surveyor for negligence?
The short answer is Yes; however, it is important that you choose the right solicitor to represent you when suing your surveyor.
Professional negligence claims against surveyors is a specialist area of law. There are complex legal principles that needed to be established and there can often be disputes within a dispute. There are lots of solicitors who hold themselves out to be experienced professional negligence solicitors and they are not.
If you, your family or friends require advice regarding one of the examples above or wish to speak with one of our professional negligence lawyers in confidence , please contact one of our specialist solicitors on 0151 559 0120.
How long do I have to sue my surveyor if I think that they have been negligent?
There are time limits for any professional negligence claim, including claims against surveyors. This is sometimes what lawyers call the limitation period and it is the timeframe within which court proceedings must be started, failing which you would be unable to bring your claim.
The law relating to limitation, can be found in the Limitation Act 1980; however, you must be careful when assessing the limitation period because it is a very specialist and complex area of law, and we would always urge a potential client to seek independent legal advice before delaying any action.
There are different time limits depending upon what type of claim you were pursuing. The primary limitation period in surveyor?s negligence claims, would normally be six years from the date of negligence to bringing a claim to court.
It is also possible, if negligence comes to light many years later and you acquire a reasonable knowledge that there has been negligence, that you can rely on that date of knowledge. In this situation, you generally have three years from the date when you had a reasonable knowledge that negligence had occurred to bring a claim.
The 3-year limitation period (date of knowledge) is sometimes known as the secondary limitation period. However, it must be said, that relying on date of knowledge to bring a claim in professional negligence can be riskier. Defendants are likely to challenge the date of knowledge of the claimant and are more likely to argue that the case is time barred.