It is not uncommon for consultants such as Architects, Engineers and Project Managers to be blamed for losses due to defective design or poor supervision. Common issues are late issue of design information or they simply get it wrong causing delay or loss in the delivery of the building.
Where a consultant takes design responsibility, which proves to be defective there is a high duty of care in law to have got it right than the “ordinary competent builder” who built the work to the designer's wishes. The builder is not clear of blame; he must point out any concerns prior to construction to negate his liability. There are also factors to take account of where the Client insists on a particular product or design and concerns are pointed out to him.
Arbicon have dealt with professional negligence claims where the Contract Administrator negligently did the following:
Disaster!? But for the Contract Administrator, the Client suffered losses on many points; it does not thus pay to employ a Contract Administrator with little experience of contract procurement and dispute resolution. Adequate expertise may not be apparent at the outset and the incompetence will only emerge often sadly after it is too late!
If funds cannot be recovered from the builder or he cannot rectify the problems, others are employed, Liquidated and Ascertained Damages ( LAD's ) become due and legal and claim costs are incurred. Consultants carry Professional Indemnity Insurance which is normally compulsory where they are members of a Professional Institution (such as RICS, RIBA etc). If insurance is held that is the claim route.
Arbicon can assist by preparing professional negligence claims as appropriate against consult ants and take you through the ADR or Adjudication process with it. Call Arbicon for a free consultation today.