Professional Negligence Claims Against Surveyors

Robert Johnson and the Professional Negligence team at Healys act for a variety of clients against a variety of professionals on a variety of different types of claims. The professionals against which we most frequently pursue claims are solicitors, accountants, surveyors, architects and estate agents.

This article summarises the type of claims that we have pursued against surveyors. We shall be publishing similar articles in respect of the other professionals in the coming weeks.
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Rising damp

The clients instructed a surveyor to produce a report on a lakeside property which they wished to purchase. The report failed to adequately, or at all, identify various issues adversely affecting the property, in particular (1) damp problems; (2) structural defects, and (3)health risks. In reliance on the report (which highlighted no necessary structural or remedial works) the clients purchased the property only to later discover the issues. Had the clients been aware of the issues, particularly given they were first time buyers, they would not have purchased the property.
 

Incorrect valuation

Claim against a surveyors firm arising out of the valuation report prepared by them in respect of our individual client's (and her former husband's) commercial property which is held in their respective Self Invested Personal Pension ("SIPP"). The purpose of the report was to equalise shares in the SIPPs. The surveyor failed to measure/correctly measure the property which resulted in an incorrect (over) valuation and our individual client's SIPP paying more funds to her former husband's SIPP than what should have been the case.
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Wrong survey report

Claim against a surveyors in respect of their failure to (1) provide clients with the correct type of survey that our clients had requested/paid for regarding a property purchase and (2) identify in any report certain defects in the property. The clients paid for a Homebuyers Report but received prior to exchange (erroneously) a Mortgage Valuation Report with an inaccurate valuation. They relied upon this report for exchange and believed it was the report they had paid for. It was only after exchange that they received the correct report. Had they received the Homebuyers Report timeously they would not have exchanged contracts.
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Dry Rot

Professional negligence/breach of contract claim against a surveyor/architects firm arising out of their failure to identify in their report and advise the client about the presence in her property of dry rot and a lack of ventilation in the dining room. Following the client's purchase of the property she noticed (1) black spots on the skirting board that grew quickly with 'flowering bodies' developing; (2) bubbles in the wall which also grew rapidly;(3) and on the outside wall of the house there was a very large mushroom growing out of the wall.

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Healys Professional Negligence Services

Healys professional negligence team have acted for clients against a range of professionals including solicitors, barristers, architects, surveyors, financial advisors and accountants, and have an outstanding reputation for gaining the best possible outcome. They are accredited and recommended by leading legal review bodies, including Legal 500 and Chambers & Partners.

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