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Surveyors NegligenceMaking a claim against a professional negligent Surveyor
Most of us will normally instruct a Surveyor when we are buying a new home.
The Surveyor will be instructed to prepare a report on the property. How thorough that report will be will depend on the extent of the Surveyor’s instructions.
Commonly there are three different types of survey available:
- A Full Structural Survey;
- A Home Buyers’ Survey;
- A Mortgage Lenders’ Survey.
The extent of the Surveyor’s duty to identify defects varies depending on the type of survey undertaken and report produced.
If you have bought a new home and moved in only to find defects in the property such as failing to identify water, dry rot, woodworm, rising damp, cracking or subsidence, or structural defects then you may have a claim for the value your property is devalued or the cost of repairs.
We will help determine exactly what type of survey and report was commissioned and the Surveyor’s duty that may have been breached so that we can help you to identify the losses you have suffered which may be recoverable.
Our aim is to give you as clear a picture of how strong your claim is and how much it is worth as soon as possible and in any event before you take the decision to start proceedings. Although sometimes particularly in more complex matters, an expert Surveyor and/or a specialist Barrister’s input will be needed. As Surveyor’s are generally insured for the consequences of their mistakes/breaches of duty, you can have a degree of confidence that if you bring a claim and you are successful you should be able to recover the full amount of damages and costs awarded.
If we feel you have a good prospect of success and the value of your claim is sufficient, we would be prepared to consider acting for you under a Conditional Fee Agreement – sometimes known as “no win, no fee”.
Sometimes though a Surveyor’s service, whilst inadequate, may not amount to negligence or an actionable breach of contract. If this is the case you still may have grounds to bring a complaint through their professional body either the Royal Institution of Chartered Surveyors (RICS) and the National Association of Valuers and Surveyors (NAVS). If you have been the subject of inadequate service we can assist in complaints procedure.
Please note that these organisations are unable to make awards of compensation/damages for professional negligence and/or breach of contract and may decline to investigate/deal with a complaint if a claim is being pursued.
Professional negligence claims against a Surveyor call for specialist legal advice from experienced solicitors. To make an appointment to discuss your claim, contact Nigel Kinder on 01935 382684 or freephone 0800 862 0442. Alternatively, complete our online enquiry form and we'll call you back as soon as possible.
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