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Professional Negligence Claims Against Architects, Scotland

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You might need to pay for an architect’s services if you are getting a new house built, are extending your home or are making other improvements to your property.

The architect will usually draw up the designs and oversee the construction phase.

You are entitled to expect the architect to meet the professional standards expected of them when working on your project.

However, as with all professional services, mistakes do happen.

Where the error comes down to the architect’s negligent actions, you could have a professional negligence claim against the architect for compensation for the losses you have incurred as a result.

It is important that members of the architectural profession are held to account and that professional standards are upheld.

If you need to find out how to sue an architect, contact the professional negligence specialists at Jones Whyte.

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Architects’ duty of care

Architects are legally obliged to carry out their professional duties with reasonable care and skill.

The duty of care the architect owes to their clients is usually expressed in a contractual agreement. Construction professionals, including architects, builders, surveyors, and tradesmen, have responsibilities and potential liabilities in construction projects, especially in cases of poor workmanship, negligence, and breach of contract. Where no contract was agreed upon, the architect will still usually have a duty of care, provided the client relied on the services and that there is a sufficiently close relationship between the architect and the client.

There are architect negligence examples where they have breached this duty of care. For example, there are defects with the design, the architect did not oversee the progress of the project properly or they caused significant delays to the completion of your project.

If you are unsure whether your architect’s conduct is the reason for your loss, contact our highly knowledgeable and approachable solicitors to discuss your circumstances.

Working with professional negligence solicitors

You will be entitled to compensation if the architect owed you a duty of care, they breached that duty of care and as a result, you suffered a loss.

To establish whether a duty of care has been breached, it is important to look at the scope of the duty owed to you, which will usually be set out in the contractual agreement.

If no contract exists, the architect’s conduct will be compared to that of a reasonably competent person in the profession.

A direct link will need to be established between the breach and your loss. It is our job to help you show that you would have been in a better position had the architect’s breach of duty not occurred. Our professional negligence team has extensive experience in pursuing claims against various professionals, negotiating with insurance companies, and successfully resolving claims through mediation and court proceedings.

We will also work out the full extent of your loss, including any costs incurred to correct or mitigate the error.

We understand that raising a claim can be a daunting task, especially against a professional like an architect. We offer alternative dispute resolution options, such as mediation and arbitration, to help resolve building disputes without going to court. Jones Whyte will support you throughout the claims process and aim to resolve things in your favour. When alternative dispute resolution methods are not successful, we are prepared to utilise court proceedings, including those in the Sheriff Courts and the Court of Session in Scotland.

Other disputes

Professional negligence comes under the disputes team at Jones Whyte.

We have experience with many types of disputes, including:

We support clients on the full spectrum of professional negligence matters.

We can also help if you are defending a court action. We represent clients, including financial institutions, funds, businesses of all sizes, and private individuals.

If you have suffered because of professional negligence, contact Jones Whyte.

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