Case Studies

Subcontractor Let Down by Main Contractor

Our client entered into a subcontract with another company to carry out some complex, high pressure, pipe works at a power station.

Our client entered into a subcontract with another company to carry out some complex, high pressure, pipe works at a power station. They were reliant upon the main contractors to provide the design details. They were supplied with incomplete and inaccurate drawings which were constantly amended making it impossible for our client to achieve the agreed deadlines resulting in additional works and therefore, additional costs incurred.
Our client had approached the main contractor and made numerous attempts to resolve the issues without success. High Court proceedings were issued on behalf of our clients in the Technology and Construction Court and mediation took place in the city of London Solicitors offices of the Main Contractor.
The main contractor accepted liability for many of the problems they had caused and agreed to pay a significant settlement figure to compensate for the additional costs incurred.

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Rob Ripley

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FAQs

Do we have a claim for professional negligence?

Negligence is more than just poor service by a professional advisor. In order for a claim to succeed it is necessary to show that the professional owed a duty of care, that they breached that duty and that this caused a loss. A professional advisor will usually owe their client a duty of care. The standard required of a professional is not one of perfection and the mere fact of an error does not necessarily constitute negligence. A professional will only breach their duty of care by making an error which no reasonable member of their profession, in their circumstances, would have made. Even then, a professional may have acted negligently, but a claim will only succeed if their actions or advice caused the loss suffered by the business. For issues of poor service, most professional advisors will have their own complaints procedure or a complaint can be referred to a professional or trade body, such as the Legal Ombudsman for solicitors or barristers, the ICAEW for accountants or the Royal Institute of Chartered Surveyors (RICS) for surveyors.

How involved will I be in my claim?

We know that bringing a legal claim can be stressful and you can be as involved in your claim as you wish to be. Of course, we will always provide you with real and honest advice throughout your claim and will always act in accordance with your instructions.

How long do I have to bring a claim?

Professional negligence claims generally arise from breach of contract and/tort. A claimant has 6 years to bring this kind of claim. This is the primary limitation period. This period begins from the date that the cause of action accrues.