Professional Negligence & Consultant Liability
Design and professional input are central to the success of any construction project. When errors or omissions occur, they can cause costly delays, safety risks, and reputational damage. At The Jonathan Lea Network, our solicitors advise both construction professionals and their clients on professional negligence and consultant liability issues, helping to resolve disputes and prevent recurrence.
We act for architects, engineers, surveyors, design consultants, developers, contractors, and insurers in matters involving alleged design defects, specification failures, and breaches of professional duty.
Understanding Professional Negligence in Construction
Professional negligence in construction arises when a consultant or designer fails to exercise the reasonable skill and care expected of a competent professional in their field, as established under common law and reflected in most professional appointments. This standard originates from Bolam v Friern Hospital Management Committee [1957] 1 WLR 582 and continues to guide modern negligence claims.
Claims often involve:
- Design defects that render works unsafe, unfit for purpose, or non-compliant with specification.
- Omissions or coordination failures between multiple consultants leading to cost escalation or delay.
- Inadequate supervision or inspection during the works.
- Breach of professional duty in providing advice, certification, or approvals.
We assess liability carefully, considering contractual terms, scope of services, and applicable professional standards — ensuring that each case is supported by clear evidence and expert opinion.
Statutory Duties and Legal Framework
Beyond contractual duties, consultants and developers may also be liable under statute. Key frameworks include:
- Defective Premises Act 1972 – imposes duties on those involved in design or construction to ensure dwellings are fit for habitation.
- Building Safety Act 2022 – significantly extends limitation periods for certain claims under the Defective Premises Act 1972
- Building Regulations – breaches can give rise to local authority enforcement, civil claims for negligence, or contractual liability where compliance is an express term.
We provide up-to-date advice on how these evolving statutory obligations interact with contractual and professional responsibilities.
Issues We Advise On
Our solicitors have experience advising on a broad range of professional negligence and liability disputes, including:
- Design errors and specification omissions
- Failure to warn of foreseeable risks or non-compliance
- Defective certification or inspection procedures
- Coordination failures between multiple consultants or disciplines
- Liability for fire safety compliance, cladding system design and installation, and structural integrity defects
- Joint venture and novation issues affecting liability transfer
- Professional indemnity insurance (PII) coverage disputes, including aggregation issues, historic policy year coverage, and exclusions for fire safety or cladding risks
Whether pursuing or defending a claim, we take a pragmatic approach to evidence, quantum, and settlement.
How We Help
We provide clear, strategic support at every stage of a professional negligence claim or risk assessment:
- Early assessment: Reviewing appointments, warranties, and statutory duties to identify potential breaches.
- Evidence gathering: Working with independent experts to establish causation, loss, and standard of care.
- Negotiation and settlement: Seeking resolution through mediation, adjudication, or negotiation before formal proceedings.
- Claims and defence: Representing clients in adjudication, arbitration, or court proceedings, including the Technology and Construction Court (TCC).
We advise in accordance with the Pre-Action Protocol for Construction and Engineering Disputes, ensuring parties meet disclosure and settlement requirements before proceedings commence.
- Risk prevention: Advising on contract drafting, limitation clauses, and insurance provisions to reduce future exposure.
Our aim is to resolve disputes proportionately, protect your professional reputation, and ensure that lessons learned are built into future project delivery.
Who We Act For
We regularly advise and represent:
- Design consultants – including architects, engineers, and surveyors
- Developers and employers – pursuing claims for negligent design or advice
- Contractors and subcontractors – affected by design or coordination failures
- Insurers and brokers – advising on coverage and subrogated claims
Our balanced experience across claimant and defendant work ensures well-rounded, practical advice.
Why Choose The Jonathan Lea Network
- Specialist knowledge: We combine construction law expertise with deep understanding of professional practice standards.
- Balanced perspective: Acting for both consultants and claimants gives us unique insight into each side’s tactics and priorities.
- Technical collaboration: We work with leading independent experts in architecture, engineering, and surveying.
- Cost transparency: We offer flexible fee options, including capped and staged arrangements.
Contact Our Professional Negligence Solicitors
If you’re facing a professional negligence claim — or believe you may have suffered losses due to a consultant’s error — our team can provide early, pragmatic advice to protect your position.
📞 Call us on 01444 708 640
📧 Email: wewillhelp@jonathanlea.net
Frequently Asked Questions (FAQs)
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What is professional negligence in construction?
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It occurs when a professional, such as an architect or engineer, fails to exercise reasonable skill and care, causing loss or damage. The benchmark is the standard expected of a competent professional in their field under common law.
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How long do I have to bring a professional negligence claim?
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Under the Limitation Act 1980, claims in contract are generally subject to a six-year limitation period (or twelve years if executed as a deed). Negligence claims are subject to six years from the negligent act or three years from the date of knowledge, whichever is later. The Building Safety Act 2022 extends limitation to up to 30 years for certain statutory defects.
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Can professional negligence disputes be resolved without going to court?
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Yes. Many claims are resolved through negotiation, mediation, or adjudication — all of which are faster and more cost-effective than litigation.
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What does a consultant’s duty of care include?
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A duty to perform services with the reasonable skill and care expected of a competent professional, including designing, inspecting, and advising in accordance with industry standards and Building Regulations.
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Do you act for both consultants and claimants?
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Yes, but never in the same matter. We act for both sides in different cases, allowing us to anticipate and address the strategies used by opposing parties.
Our Construction Law Team
What Our Clients Say
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Whether you’re facing matters involving alleged design defects, specification failures and breaches of professional duty, our team would be very happy to help.
Contact us today to discuss your matter and find out how we can support your business.
Please be aware that the free 20 minute call is at our discretion. If you are looking for advice and guidance on an initial call, we may instead offer a one-hour fixed fee appointment instead.
Our fixed fee appointments are between £200 – £300 + 20% VAT (£240 – £360 inclusive of VAT) depending on the seniority of the solicitor taking the call.