In order to make a successful construction negligence claim, the claimant must be able to prove that architects, engineers, or builders etc failed to uphold existing safety rules, building regulation requirements or the contractual terms were breached. If any of these scenarios have caused financial loss, then the case may warrant action.
The claimant will need to prove liability in negligence and the law requires fulfilment of certain elements if the construction negligence claim is to be settled in their favour.
Healys’ professional negligence solicitors have many years’ experience in this field and can help you ascertain the merits of your case. To find out more about making a construction negligence claim with Healys, please click here.
Grounds for making a claim
Duty of care – the contractor must have been in a position in which he owed you (the claimant) a duty of care. If reasonable foreseeability of harm is present then this will help the claim for negligence. However, when it comes to the ‘financial loss’ element of a case, you will be required to show evidence of sufficient proximity to the contractor to prove that a ‘duty of care’ was in place.
Required standards in law – judges in construction negligence cases will be well versed in the field and will look to legislation including Contractual (Design and Management) Regulations 1994 and the Defective Premises Act 1972 to adjudicate the upholding of standards.
Causal connection – the claimant must prove a connection between the contractor’s actions / conduct, and that these were unequivocally linked to your loss.
Factual duty – the court will need to see evidence that any damage/loss was, in fact, caused by defects/breaches under the contractor’s remit and that it is fair, just and responsible to award damages based on an imposition of ‘duty of care’.
How can Healys professional negligence solicitors help you?
From the outset of your claim we will be able to tell you the likelihood of success and whether the appropriate damages settlement will be in your best interests to pursue.
Our team has many years’ experience in this field and our specialist knowledge enables us to provide your claim with clarity and direction.
Call Healys today on 020 7822 4106 or email partner Robert Johnson at Robert.Johnson@Healys.com