COMMERCIAL DISPUTE RESOLUTION
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- Professional Negligence Claims
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Engineers operate in a wide range of disciplines, for example:-
• Civil and Structural engineers operate in the construction industry where they are generally involved in the design and supervision of the construction work.
• Mechanical and Electrical engineers are generally involved in the installation and repair and servicing of mechanical and electrical machinery and systems.
When things go wrong whether it is the failure of foundations or mechanical breakdown or any other problem, there is invariably a financial loss. If this loss has arisen because of your engineer’s actions or failure to act, you may well be able to make a claim.
Sometimes even where the contractor appears to be at fault, for example, defective work it may still be possible to sue the engineer. Indeed, this is sometimes more advantageous than suing the contractor, particularly if they are in financial difficulties. As an engineer would generally have Professional Indemnity Insurance that will cover claims against them.
If you feel that your engineer’s failings have caused you financial loss, our specialised Professional Negligence Lawyers will be able to help you. We will carry out the following review:-
• To determine exactly what contractual relationship existed between you and the engineer you have engaged;
• Determine whether those obligations and duties have been breached;
• Determine what losses you have incurred as a result;
• How best to proceed with a claim and the likely costs.
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 a decision to pursue the claim. Although, sometimes, particularly in complex matters a specialist Barrister’s input will be needed.
Examples of potential claims include:-
• Problems with designs or drawings;
• A failure to adequately inspect or supervise works;
If we feel you have a good prospect of success and the value of your claim is sufficient we will be prepared to consider acting for you under a Conditional Fee Agreement – sometimes known as “No win, No fee”.
Sometimes an engineer’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. We can assist with this.
Please note, however, that these organisations are generally unable to make awards of compensation/damages for professional negligence and may decline to investigate/deal with a complaint if a claim is being pursued.
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