Any claim for a negligent survey or valuation should proceed on the grounds that the professional was negligent in performing his duty to a client.
There are many possible grounds to claim for a negligent survey or valuation. However, the most common reason clients proceed with claims is because of a surveyor’s failure to identify or notify of a severe defect that has a significant impact on the value of a property.
All surveyors and valuers have professional indemnity insurance to guard against this possibility – as such, if you sustained financial loss or loss of opportunity as a result of a negligently performed survey, it may be possible to secure compensation for your losses.
Karl Phimister v D.M. Hall LLP, 26 October 2012
In 2012 the case of Phimister v D.M. Hall LLP helped provide a useful illustration of some of the key points inherent in any prospective surveyor or valuer professional negligence claim.
The claimant, Karl Phimister, argued that that surveyor DM Hall had been negligent in drawing up a mortgage valuation report because of its failure to ascertain the land was only 0.66 acres of land rather than the advertised 1.12.
However, as the report was prepared ostensibly for mortgage purposes alone, the claim failed – although the size of the land was inaccurate this had little impact on the primary component of valuation: the size, condition, and style of the buildings thereon.
In his ruling at the Court of Session Lord Glennie found that because the claimant had not asked for a development appraisal report, which would have necessitated a check of the site’s acreage, he had no grounds for success. Lord Glennie concluded that the surveyors instructed had no remit to consider “the site through measuring eyes”.
Survey and valuation negligence claims with Healys LLP
As negligent surveys and valuations can be incredibly costly – they have the potential to change a person’s whole personal financial landscape.
If you believe that a surveyor or valuer has failed in its duty to provide you with a level of reasonable and competent service, you may be able to make a claim for a negligent survey or valuation with our lawyers in order to secure compensation.
Contact our London or Brighton offices by using our call-back form, emailing one of our partners, or calling today.