When it comes to any building project, whether residential or commercial, the role of a structural engineer is particularly important. And when a structural engineer is negligent in some way, it can be particularly costly – especially if their errors have caused work delays or damage which requires costly work to put the problems right.
Looking for help with your Structural Engineer Negligence Claim? We represent clients nationwide. So call our specialist team on FREEPHONE 0800 1404544 for FREE initial phone advice – no strings attached
Your professional negligence claim – the need for specialist solicitor
Negligence claims against structural engineers are usually very complex. That’s why you need to make sure your solicitor is a professional negligence specialist, with plenty of experience of negligence claims in the construction sector.
The head of our dispute resolution team, David Patterson, has plenty of that experience – and is a long-standing member of the Professional Negligence Lawyers Association – the only organisation for solicitors specialising in suing negligent professionals.
Click here to find out more about making a professional negligence claim.
How to sue a structural engineer – what will I need to prove?
If you feel that your engineer’s failings has caused you financial loss, our specialist professional negligence solicitors will be able to help you.
Here are the main 3 hurdles you will need to overcome in order to win compensation
• Firstly – was there a contractual relationship between you and your engineer. In particular we will need to have a look at any contract you signed with the engineer and establish what contractual relationship existed with your engineer ;
• Secondly has the engineer breached their obligations and duties to you – to prove that, we will need to establish that your engineer’s work was below the standard you would expect from a normally proficient structural engineer.
• What financial loss have you suffered ? Please note that if your financial loss is below £40,000, although you may have a valid claim, our solicitors are unlikely to be able to help you – simply because it is probable that the legal costs of successfully winning your claim are likely to be disproportionate to any compensation you win
The need for an independent expert report
Making a successful professional negligence claim against a structural engineer is dependent upon securing a report from an independent structural engineer.
This report plays a key part in determining whether or not the engineer in question was negligent and therefore liable to compensate you for your loss.
Occasionally, the two sides (the claimant’s legal team and the defendant’s legal team) will make a joint appointment of a single structural engineer to write the expert report. However, this is rare and each side will usually instruct their own experts to write reports. Sometimes, these different experts can reach different conclusions as to the responsibility of the engineer in question. That’s why it’s absolutely crucial that you have the right expert on your side.
Our professional negligence solicitors have strong links with experienced experts in the construction industry who are well-placed to make a judgement on negligence cases involving structural engineers. Such experience is crucial because experts may need to defend their reports in court.
Your Engineer Negligence Claim – No Win No Agreements Available
The costs of legal action against structural engineers are often high – and it may be that you are unable to afford those legal fees, especially if you have suffered a significant financial loss from your building project.
That’s why we happy to discuss a number of funding options with you – including the availability of any legal expense insurance cover you may have, and the availability of a conditional ‘no win no fee’ agreement.
Click here to read more about No Win No Fee could help you fund your claim for the compensation you deserve
Common types of negligence claims against structural engineers
There are a very wide spread of expensive mistakes that a structural engineer can make. And they cover both new construction projects and work or advice required on existing buildings – both commercial and residential.
However some of the most common negligent mistakes are as follows:
• Failing to follow recommended industry standards
• Negligent advice
• Errors in building inspection and subsequent reports – for example failing to correctly identify load-bearing walls
• Inaccurate measurements or structural calculations
• Errors in drawing and design plans
• Failing to communicate correctly with other building professionals resulting in major flaws in the project
Will the engineer be able to pay my claim?
Although the answer will depend on your particular case and the finances of the engineer in question, the good news is that all structural engineers are required by law to provide a level of Professional Indemnity Insurance in respect of their legal liability against any damage to property or personal injury that was caused by their actions – by the breach of their professional duty.
Are there any time limits to make my claim?
Yes. You need to start your claim within six years of the negligent act – or if you only discovered the negligence at a later date, six years from the date those errors and the damage they caused became clear.
Take specialist legal advice as soon as possible
When it comes to making this kind of professional negligence compensation claim, not only will there be a strict time limit – as detailed above, but in addition, it always sensible to consider legal proceedings at the earliest possible stage. Why? The sooner initial advice is taken, the sooner evidence can be secured. The longer the delay, the more likely that evidence is lost or hidden – and inevitably, your recollection of events will become less clear and accurate the longer you wait.
So don’t delay. Put your mind at rest and call our specialist team today to see if you could have a successful professional negligence compensation claim against your structural engineer.
Construction litigation is often complex – not least because there are often a number of different involved in any building project. So assessing whether or not you have a strong claim may involve also considering the advice given by, or work done by, other building professionals, including architects and builders themselves, involved in the project.
It may be that you may be able to claim compensation from one of those other professionals as well, or indeed instead of, your structural engineer.
Looking to claim against a negligent structural engineer? Call FREEPHONE 0800 1404544 For Free Initial Advice
If you are looking to claim compensation against a negligent structural engineer, make sure that you choose a specialist professional negligence lawyer with good links to independent experts. Bonallack & Bishop has the specialists you need, so:
- For FREE initial advice on your professional negligence compensation claim, just call FREEPHONE 0800 1404544 or
- Complete the contact form below to get in touch.