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Identifying the cause of defects in building disputes can be a complex area. Depending on the nature and extent of the home improvement project there may well be a need for carefully designed drawings and/or calculations to satisfy building control or planning permission requirements. In such circumstances it is not unusual and indeed it is normally appropriate to engage the services of relevant professionals to design the building works. This may mean that a homeowner instructs a relevant professional or several professionals to enable them to carefully design their project. This may include instructing an Architect, Surveyor and/or Structural Engineer to provide their services to ensure the project is designed in the appropriate way.
Sometimes these services are incorporated within the scope of works which the building contractor offers to carry out or it may well be that the homeowners have separately engaged the services separately before engaging a building contractor.
When faced with problems during or upon completion of a building project it will be important to ascertain whether the defects found are because of any design or workmanship issues or a combination of both.
In these circumstances it will be appropriate to firstly identify the cause of the defect and if design related obtain a further independent expert from another appropriate independent expert to ascertain whether the culpable professional has fell below the standard of a reasonable and competent Architect/Surveyor/ Structural Engineer having regard to the terms of the contract with the professional and the scope of works it agreed to carry out.
Building disputes relating to design issues can be complicate and so if a homeowner considers that a relevant professional or building contractor has not designed the project correctly and that as a result they have or will suffer loss to rectify the issues they should take independent legal advice at the earliest opportunity to ensure they limit any possibility of prejudicing their position in any future legal proceedings.
If you think you may have a claim and wish to discuss it with us, please telephone our specialist team on 01616 966 229, or complete our online enquiry form and someone will respond to you as soon as possible.
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