Professional Negligence Claims*

Engineers play a crucial role in construction and development projects. When they fail in their duties, the consequences can be severe:

• Structural Design Failures: Inadequate calculations leading to structural problems
• Construction Supervision: Failure to properly oversee construction works
• Site Investigation Errors: Inadequate ground surveys causing foundation issues
• Certification Problems: Incorrectly certifying substandard work as compliant
• Project Management Failures: Poor oversight leading to defective construction

Architects must ensure their designs are both functional and compliant:

• Design Defects: Flaws causing water ingress, inadequate insulation, or structural issues
• Planning Permission Errors: Designs that breach planning regulations
• Building Regulation Failures: Non-compliance with fire safety or accessibility requirements
• Cost Overruns: Negligent estimates leading to significant budget overruns
• Contract Administration: Failures in managing construction contracts

Property surveyors have a duty to identify and report defects accurately:

• Missed Defects: Failure to identify structural problems, damp, or subsidence
• Valuation Errors: Significant over or under-valuation of property
• Boundary Disputes: Incorrect boundary identification
• Building Survey Failures: Inadequate pre-purchase inspections

We also handle claims against:

• Accountants: Tax errors, negligent financial advice, audit failures
• Financial Advisors: Unsuitable investment recommendations, pension mis-selling
• Insurance Brokers: Failure to arrange adequate coverage
• IT Consultants: System failures, data loss, project mismanagement
• Planning Consultants: Failed applications due to negligent advice

• Remedial work costs to fix defective construction
• Diminished property values
• Lost rental income during repairs
• Additional professional fees to rectify problems
• Wasted expenditure on flawed projects

• Structural defects requiring extensive repairs
• Water damage from design flaws
• Foundation problems from poor site investigation
• Fire safety issues requiring retrofitting
• Accessibility non-compliance needing modifications

• Project delays affecting business operations
• Inability to sell or rent properties
• Legal costs from related disputes
• Stress and inconvenience
• Reputational damage for commercial clients

We begin by reviewing your situation to determine:

• Whether a duty of care existed
• If professional standards were breached
• The extent of your losses
• The strength of available evidence

Professional negligence claims require expert testimony. We work with:

• Independent engineers to assess construction defects
• Architectural experts to review design standards
• Quantity surveyors to calculate remedial costs
• Industry specialists relevant to your case

Essential documents may include:

• Professional service contracts
• Design drawings and specifications
• Correspondence and meeting notes
• Site inspection reports
• Certificates and warranties
• Invoices and payment records
• Remedial work quotations

Before court proceedings, we’ll:

• Send a detailed letter of claim
• Allow the professional’s insurers to investigate
• Exchange relevant documents
• Explore settlement options
• Consider alternative dispute resolution

Our team has extensive experience handling complex professional negligence cases. We understand the technical aspects of construction and professional services claims, enabling us to build strong cases for our clients.

We’ve developed relationships with leading independent experts across various fields. This ensures your case is supported by credible, authoritative evidence that stands up to scrutiny.

We recognise that professional negligence often affects business operations. Our approach considers not just legal remedies but practical commercial solutions to minimise ongoing disruption.

From initial investigation through to trial (if necessary), we handle every aspect of your claim. This includes:

• Obtaining expert reports
• Quantifying all losses
• Negotiating with insurers
• Representing you in court
• Enforcing judgments

We start with an initial consultation to assess your case. During this meeting, we’ll:

• Review your documentation
• Discuss the circumstances of the negligence
• Explain your legal options
• Advise on the likely timescales and costs
• Determine the best strategy forward

If you instruct us to proceed, we’ll:

• Gather all relevant documentation
• Instruct appropriate experts
• Obtain detailed cost assessments
• Build a comprehensive case file

Most cases settle without court proceedings. We’ll:

• Draft and send a letter before action
• Engage with the defendant’s insurers
• Negotiate towards a fair settlement
• Consider mediation if appropriate

If settlement isn’t possible, we’ll:

• Issue and serve court proceedings
• Manage the litigation process
• Prepare for trial
• Represent you in court
• Enforce any judgment obtained

How much will a professional negligence claim cost?

When you instruct us, we give you a written notice of our costs under section 150 of the Legal Services Regulation Act 2015, and we're happy to talk you through it.

How long will my claim take?

Timescales vary depending on complexity and whether the claim is disputed. Simple cases might settle in 6-12 months, while complex disputes can take 2-3 years if they go to trial.

Will I have to go to court?

Most professional negligence claims settle without a court hearing. However, we'll prepare your case thoroughly to ensure the best outcome whether it settles or proceeds to trial.

What if the professional has insurance?

Most professionals carry professional indemnity insurance. We'll deal directly with their insurers, who typically handle the defence and any compensation payments.

Can I claim if the professional has ceased trading?

Possibly. Insurance policies often provide "run-off" cover for claims arising after cessation of business. We can investigate available options.

What compensation can I claim?

You can claim for all losses directly caused by the negligence, including remedial costs, diminished value, lost profits, and additional expenses incurred.

Phone: 061 361088
Email: info@crimminshoward.ie
Office: Dolmen House, Shannon Town Centre, Shannon, Co. Clare

Our team is available Monday to Friday, 9am to 5:30pm. Evening and weekend appointments can be arranged for your convenience.

Don’t let professional negligence losses go unchallenged. Contact Crimmins Howard Solicitors today to discuss your case in complete confidence.