Our professional risks construction group, led by Emily Monastiriotis, has considerable experience defending negligence claims for construction professionals and their Insurers. Our experience covers claims against architects, engineers, quantity surveyors, main and sub contractors, piling contractors, project managers, contract administrators as well as claims relating to defects, asbestos and valuation claims against surveyors. We recognise the unique characteristics of the construction market and have the skill sets to advise professionals and contractors on all aspects of construction and energy projects.
Architects
We have extensive experience of defending high value claims against architects, often involving complex multi-party disputes. We are currently acting for a firm of architects in London in respect of a claim arising from the development of three high end luxury residential properties. The main contractor has brought proceedings in the Technology and Construction Court claiming several million pounds in respect of works carried out to the project and pursuant to numerous extensions of time which it alleges are due pursuant to the terms of the building contract. In turn, the claimant has brought Part 20 proceedings against a number of consultants involved in the project, including our client, the architect. Other recent cases where we have acted for architects include:
- Acting for a firm of architects against whom a letter of claim has been issued alleging negligent advice during the planning permission stage of a high value property in London.
- Acting for a firm of architects who were retained in connection with the design of a new boarding house at a public school. Significant defects are alleged in respect of the design of the timber frame along with other allegations relating to ventilation, design of shower block facilities and the installation of shower pods.
- Acting for the architects in respect of a substantial claim arising from the construction of a new terminal at Guernsey airport.
Engineers
We have acted for engineers of various types including structural and cladding engineers together with consultant engineers, M&E and safety engineers. These claims have involved the construction of car parks, major distribution centres, hotels, office buildings.
Our recent experience includes:
- Defending an insured structural engineer in relation to a professional negligence claim arising out of work it carried out on an LNG storage tank.
- Acting for a cladding engineer in relation to a claim arising from alleged defects at a central London office building relating to defective window glass, leaks from the sealing, dislodged feature caps and the incompatibility of the design of the feature caps with the design of the cleaning cradle.
- Successfully defended an insured English engineering company in an LCIA arbitration brought by an oil company concerning equipment at a Condensate Recovery Unit in Gathering Centres in an oil field in the Middle East.
- Acted for a firm of consulting engineers who designed a cooling system in a substantial commercial development in London. The Employer alleged that the cooling system did not perform adequately and that it failed to meet the specified criteria. The claim settled at an early mediation at a fraction of the sum claimed.
- Acted for a firm of structural engineers in relation to a residential tower which was said to have negligently designed foundations, which whilst being rectified caused delay to the construction. Evidence had to be obtained both in relation to the design of the foundations (and whether it was reasonable for the engineer to have relied on the ground condition information it had been provided with) and on delay. We were able to prove that the errors with the design of the foundations only caused minimal delay to the construction of the building.
Surveyors and valuers
We have wide ranging experience of handling claims against surveyors and valuers of residential and commercial property. This includes dealing with claims with a broad variety of subject matter including alleged overvaluation of property, failure to identify defects and negligent supervision of works. We have a specialist team that has gained expertise through acting for various insurers and in particular by handling claims against the largest national firm of surveyors over the last 15 years. Examples of cases we have been involved in include:
- Currently defending a large firm of surveyors in a substantial claim arising out of valuations of a portfolio of 40 buy-to-let properties which related to overall lending in excess of £10m to an overseas borrower. The claim is being brought by a subsidiary of a major building society. The claim is in litigation and involves some novel issues such as liability for negligent rental valuations in a buy to let context and whether the SAAMCo 'cap' applies where the lender relied on rental valuations - as well as the more common but significant points regarding contributory negligence and mitigation of loss.
- Acting on the reported case of National Westminster Bank Plc v (1) Linda Kathleen Lloyd (2) Countrywide Surveyors Limited: LTL 10/2/2009.We investigated and defended a substantial claim made against a national firm of surveyors by a wealthy entrepreneur who had used a six figure mortgage advance to extravagantly refurbish her property, allegedly in reliance on the surveyors' remortgage valuation. We defended the claim on the basis that the surveyors owed no duty of care to the borrower and successfully applied to strike out the claim. The decision is a helpful precedent for the surveying profession in relation to claims brought by disappointed borrowers.
- Dealing with a claim by a bridging finance lender against a firm of surveyors where the Property was repossessed but the lender has been able to obtain security from the Borrower over a number of other buy-to-let properties owned by the Borrower.
- Successfully defended surveyors from allegations of negligence in relation to multi-million pound overvaluations of UK retail and commercial properties including shopping centres and office blocks.
Quantity Surveyors
We have aced for quantity surveyors on negligence claims that can arise through the course of their work, such as errors in valuations, wrongly issued working drawings and incorrect certification of practical completion. Our recent experience includes:
- Defended a claim against a firm of quantity surveyors in relation to allegations made of incorrect assessments being made during interim application and at the final account stage.
- Representing an insured Quantity Surveyor who had assumed the role of a construction manager on a project that required remedial ground works. A claim was brought against the Quantity Surveyor alleging that, as a result of the Insured's negligence, waste had been improperly classified as attracting high rate landfill tax. The project employer was seeking the overpayment from the Insured.