When you use the services of a professional, such as a surveyor, you expect to receive the highest level of skill, expertise and care to cater for your needs. If they go on to breach their contract, fail to perform essential duties or make an error, you could have the right to make a professional negligence claim.

When you request a surveyor to evaluate or appraise a property, it’s crucial for them to provide you with the complete story. If they fail to do so, and the property turns out to have various defects that you were not made aware of, it could have a huge financial impact.

If you find yourself in this situation, you should consider consulting specialised professional negligence solicitors for assistance. Such a solicitor can assess your legal case and inform you whether you have grounds to file a successful professional negligence claim against a surveyor for their conduct.

At Annecto Legal, we connect clients with the right professional negligence solicitors and dispute resolution team, as well as securing litigation funding for your case. Our service is designed to ensure that any business or individual that has suffered a financial loss as a result of professional negligence has the best possible opportunity to find redress.

Unfortunately, due to the high costs of legal actions in the UK, we only assist in disputes which are valued at over £250,000, at the absolute minimum. We would like to be able to help on other claims, but we simply do not have access to any products that can assist on smaller matters.

What is professional negligence by a surveyor?

Professional negligence refers to the failure of a qualified professional to perform their duties or provide services up to the expected standards of their profession. It occurs when a professional, such as a surveyor, doctor, lawyer, accountant, or architect, makes an error, omission, or acts carelessly, resulting in harm, financial loss, or damage to their client or patient. Essentially, it means that the professional did not meet the level of skill, care, and diligence that would reasonably be expected from someone in their position.

Surveyors owe a duty of care to their clients to ensure that they provide their services to an acceptable standard. Professional negligence by a surveyor occurs when a surveyor fails to perform their duties to the required standard of care expected of them, resulting in harm or loss to their client. 

Examples of surveyor negligence

A professional negligence claim against a surveyor can arise for a number of reasons. Some of the most common incidents we see that can lead to a potential claim include: 

• Failure to identify structural defects: If a surveyor fails to spot significant structural issues during a property survey, such as cracks in the foundation or severe dampness, and the buyer incurs substantial repair costs as a result, a claim for professional negligence may be brought against the surveyor by the person who purchased the property.
• Inaccurate valuation: If a surveyor provides an inaccurate valuation of a property, either overestimating or underestimating its worth, and the buyer suffers financial loss as a result, they may have grounds for a professional negligence claim.
• Misinterpretation of planning regulations: If a surveyor incorrectly interprets local planning regulations or fails to identify planning restrictions that affect the property, leading to the buyer being unable to carry out desired renovations or facing legal consequences, a claim for professional negligence could be pursued.
• Inadequate reporting: If a surveyor fails to provide a comprehensive surveyor’s report detailing all significant aspects of the property, such as hidden structural issues, faulty electrical systems, or inadequate insulation, and the buyer discovers these problems after purchase, they may be entitled to bring a claim against the surveyor for professional negligence.
• Breach of professional duty: If a surveyor breaches their professional duty by not adhering to industry standards, failing to follow the agreed scope of work, or not exercising due care and skill expected of a competent surveyor, and the client suffers harm or financial loss as a result, a claim for professional negligence may be pursued.

It’s important to note that each case of professional negligence is unique, and the success of a claim depends on various factors, including the specific circumstances and evidence available.

Funding a professional negligence claim against a surveyor

If you are pursuing a professional negligence case, legal costs can escalate quickly. Therefore, it is essential that you are aware of the funding options that are available to you. Funding a professional negligence claim against a surveyor can be a complex process and will depend on the individual circumstances of the case. Listed below are some of the options for funding a professional negligence case. 

• Conditional fee agreements – Conditional fee agreements (CFAs), also known as ‘no win, no fee agreements’, are a type of funding arrangement that allows individuals to pursue a claim without paying legal fees upfront. Under a no win no fee basis, the law firm agrees to take on the case and only charges a fee if the case is successful. If the case is unsuccessful, the client does not have to pay these legal fees.
• Contingency fee agreement – Some professional negligence solicitors may offer to take on a professional negligence case on a contingency fee basis, which means that they will only charge a fee if they are successful in securing a financial settlement or damages. The fee payable to the solicitor is usually a percentage of the amount recovered, and if the case is unsuccessful, the law firm will not charge a fee.
• After the event insurance – After the event (ATE) insurance is a type of insurance that can provide cover for legal costs in the event that a case is unsuccessful. This option can be particularly useful in cases where the costs of losing a case could be significant. ATE insurance is often used in conjunction with conditional fee agreements. 
• Third party litigation funding – In some cases, third party litigation funders may be willing to provide funding for a professional negligence case in exchange for a percentage of any financial settlement or damages awarded. This option can be attractive for individual who cannot afford to pay for legal fees themselves but have a strong case.

How can Annecto Legal assist?

At Annecto Legal, we assist claimants in finding the right legal representation and funding for pursuing a professional negligence claim against a surveyor.

With the right legal team, it is possible to put in place the appropriate litigation funding and insurance to take the case all the way to court, if necessary. Of course, the preference is always to find a suitable settlement in a reasonable time frame, but the best way to achieve this is to negotiate from a position of strength. Having the best lawyers and being fully funded gives you that strength and forces your opponent to the negotiating table.

Annecto Legal helps clients realise the value of their professional negligence cases. We work closely with litigation funders, insurers and professional negligence solicitors that seek alternatives to the traditional hourly rate funding model.

If you are in the process of suing a surveyor or believe your surveyor has been negligent and want to find out whether you’ve got a claim, please contact Annecto Legal today. We can help find you the right representation, as well as managing your financial risks and sourcing funding for your legal fees.