Architect Negligence

What is architect negligence?

Like all property professionals, architects must act with reasonable skill and care when providing their services. The standard of care is established by reference to the generally accepted practices of the architectural profession, as well as the contractual duties and responsibilities of the architect.

Architect negligence occurs when an architect fails to meet these standards, resulting in harm or financial loss to their clients.

As the statutory industry regulator, the Architects’ Registration Board (ARB) is responsible for setting the standards of conduct and practice that architects must meet. Their Code of Professional Conduct and associated guidance documents cover areas such as competence, building safety, financial conduct, insurance obligations and professional indemnity insurance.

ARB collaborates with other industry bodies, such The Royal Institute of British Architects (RIBA), to promote and enforce the standards of professional behaviour expected from architects.

Common examples of architect negligence

Architects offer many services besides the design of buildings. They may provide advice on planning permissions and building regulations, prepare cost estimates (in conjunction with a quantity surveyor), advise on the suitability of building materials, and supervise building works being carried out by a construction team.

In each of these areas, there are opportunities for things to go wrong.

Some common examples of architect negligence include:

• Inappropriate or unsafe designs.
• The design does not comply with building regulations.
• Incorrect advice on the suitability or safety of materials used in construction.
• Failing to identify on-site conditions making the project more costly.
• Grossly undervaluingthe cost of a project.
• Changing designs without the client’s permission.
• Not properly overseeing building works, leading to poor workmanship and defects.
• Negligently issuing interim certificates or final certificates.
• Allowing time and cost overruns.

Like all types of property negligence, architect negligence requires the expertise of a specialist professional negligence solicitor to prove. If you believe your architect has been negligent in the design, advice or supervision they provided, speak to us. We act for the owners of both commercial and residential properties and can help you pursue a claim for damages.

How do you prove architect negligence?

Receiving poor service from an architect does not necessarily mean that you have a claim against them. An architect is negligent if you can prove that:

• They owed you a duty of care
• They breached their duty of care, and
• The breach resulted in financial losses or harm.

Your solicitor will need to show that the architect’s conduct fell below the standard of care expected, and that a competent architect would not have acted in the same way. Evidence may include contracts, plans, correspondence, records of defective work and expert evidence from other architects or building professionals.

Your solicitor may also investigate whether there were any issues with communication between yourself and your architect, and whether failures could potentially fall at someone else’s door. For example, if your architect failed to identify structural flaws in the design, but a structural engineer was employed by the client separately, then both parties could be held liable for their respective responsibilities.

In the first instance, you should call us to speak to one of our property litigation lawyers. We will consider the facts and advise you on the merits of your claim. Sometimes, there may not be a strong professional negligence case against the architect but there may be another type of claim that can be pursued, such as breach of contract or misrepresentation.

Our professional negligence specialists can advise you on this.

How much compensation will I receive for architect negligence?

If your claim is successful, you will receive damages which are based on the financial losses you have suffered. The aim of damages is to put you in the position you would have been had the negligence not occurred. There are various heads of losses that can be claimed, including:

• The cost of remedial works to rectify any defects.
• Loss of rental income if the property is unable to be let.
• Costs for alternative accommodation while repairs are carried out.
• Loss of profit or other financial losses resulting from delays in construction work.
• Other losses suffered as a result of the poor design, such as health and safety issues if the building is unsound.

Anyone claiming damages has a legal duty to mitigate their losses. If you do not take reasonable steps to limit your losses, such as repairing defects to prevent further damage, this could impact the amount of compensation you receive.

Our professional negligence lawyers will be able to guide you on what losses you can claim and how they will be valued.

What is the process for making a claim for architect negligence?

Clients who are let down by an architect should first make a complaint through the architect’s own complaints procedure.

The ARB and RIBA also have a dispute resolution service to help you resolve issues with your architect. These bodies can investigate complaints about an architect’s services, but they cannot order an architect to fix something or award compensation.

If the complaint procedure does not resolve your dispute, your architect negligence lawyer will follow a procedure called the ‘Professional Negligence Pre-Action Protocol.’ This encourages the parties to use alternative dispute resolution, including negotiation, mediation and adjudication, as a way to resolve the architect negligence claim outside the courtroom.

However, there is no single right way to handle an architect negligence claim. If the claim is complex, we may recommend that court proceedings are issued. For example, a court hearing may be necessary where multiple parties are involved and it is not clear where liability lies.

If a defence is raised, our professional negligence solicitors will be able to advise you as to the merits of these arguments and the best legal route to take.

Who do I claim against?

Architects are required by law to have professional indemnity insurance in place to deal with any legal claims against them.

While the claim is brought against the architect or their employer, the insurer will usually deal with the claim in accordance with their policy terms. This is good news for any claimant, as it means there will be funds available to pay the claim, even if the architect has ceased trading.

How long do I have to make a claim for architect negligence?

The limitation period for bringing a professional negligence claim is six years from the date of the act or omission that gave rise to the damage.

However, if you only become aware of the negligence at a later date, then the time limit will run from this point and you have up to three years from this discovery to bring your claim. Late discovery is relatively common in architect negligence cases because latent defects may only come to light when the building is renovated or sold.

It is important to seek legal advice as soon as possible after discovering the potential negligence. We can take the necessary steps ahead of any deadlines.

Why work with our architect negligence lawyers

• We’re an award-winning, straight-talking team with over 40 years of experience in professional negligence cases.
• We draw on our deep knowledge of property law and dispute resolution to serve residential and commercial clients nationwide.
• The Legal 500 and Chambers & Partners consistently rate us as a Top Tier legal firm.
• We recognise that each situation is unique and provide tailored advice to meet your individual needs.
• Clients have given us a 5-star rating on Trustpilot in recognition of our diligence and client service.
• We offer a range of funding options including no win no fee, legal expenses insurance or private funding.

To learn more about our architect negligence service, call Osbornes’ specialist property litigation solicitors by:

• Filling in our online enquiry form; or
• Calling us on 020 7485 8811