Builder’s Negligence

Duncan Lewis Professional Negligence Solicitors – Builder’s Negligence Claims

Building contractors who are negligent in carrying out their work can not only leave customers out-of-pocket – but construction defects such as electrical defects and plumbing and boiler defects can also put lives at risk.

Commercial and residential building contractors may be investigated by the local authority, the police and the Health and Safety Executive if negligent building work results in preventable accidents, injury, or a threat to life as a result of negligent building work.

Claims for builder’s negligence may also involve a personal injury claim, as well as a claim for financial loss resulting from:

• Construction defects (eg removing load bearing walls, not fitting a damp course, failing to repair existing building defects or resolve damp or water ingress)
• Damproofing or insulation negligence leading to damp and mould
• Defective building foundations (eg failure to underpin foundations adequately).
• Electrical defects (eg dangerous wiring, exposed wiring)
• Faulty loft conversions or extensions (eg poor construction, dangerous structure, work left unfinished)
• Fireplace and chimney defects (eg blocked chimney, unsafe chimney)
• Plumbing and boiler defects (eg faulty flue, carbon monoxide poisoning)
• Roofing negligence (eg failing to resolve water ingress, failing to replace rotting roof felt or broken slates, failing to insulate flat roof adequately).

Claims for builder’s negligence may also involve financial loss as a result of unreasonable or avoidable delays in construction.

Duncan Lewis is a leading firm of professional negligence solicitors and can advise those who have suffered financial or other loss as a result of builder’s negligence on how to make a claim for compensation.

Making a Claim for Builder’s Professional Negligence

Clients who suffer financial loss or other loss as a result of negligent building or construction advice or services should first make a complaint through the firm’s own complaints handling procedure (CHP).

If a builder belongs to a professional trade organisation such as the Federation of Master Builders, it might be possible to make a complaint via the organisation, but a trade body may not have the authority to award compensation.

Clients considering suing a builder for professional negligence have six years from the date of the event constituting negligence – or three years from the date they first realised negligence had occurred – in which to make a claim.

Claims against negligent builders can be brought under the Defective Premises Act 1972.

The court requires a protocol to be followed in claims involving builders and construction firms, with early disclosure of full information in the hope a settlement can be reached out-of-court.

If a claim against a negligent builder does go to court, the hearing will most likely take place in a specialist Technology and Construction Court.

Because of the complexity of suing builders – and proving that they failed in their duty of care towards a client or acted negligently in carrying out their duties – Duncan Lewis professional negligence solicitors advise clients whose builder has acted negligently to get in touch as soon as possible for assessment of the case.

Funding Claims for Builder’s Professional Negligence

Duncan Lewis offers Conditional Fee Agreement (CFA) funding to clients making professional negligence claims, with a fixed fee for the initial client meeting and assessment of the claim, so our clients know in advance what they will be paying.

If a builder has acted negligently leading to financial loss or other loss such as injury, call Duncan Lewis Professional Negligence Solicitors for more information about making a compensation claim for builder’s negligence on 020 7923 4020