Architectural Negligence In Scotland

Summary

In Scotland, professional negligence claims require demonstrating harm or loss, which can include financial loss. If an architectural firm misidentifies a load-bearing wall, leading to potential financial loss, it may be grounds for a negligence claim. Key elements include duty of care, breach of duty, and causation. Documenting expenses and impacts is crucial. Consulting a solicitor specializing in construction or property law is advisable for personalized advice.

Full Conversation

I wanted some structural work done and as this is a tenement building I wanted to make sure for the safety of those in homes above and making sure I don't collapse a tenement I engaged a architectural / engineering firm to make a architectural assessment and perform the relevant work to ensure my planned project was safe. My builder started work on this today and has immediately identified that one of the walls that Architectural Services (Scotland) LTD had identified as non load bearing, is in fact load bearing. Therefore we have ceased the work. The wall in question is quite obviously load bearing - the flat above / all flats in the area have this wall in brick and the brick wall extends down into the foundations. Taking it out would have caused a partial collapse.
It sounds like you might have a case for professional negligence against the architectural firm. Here are some key points to consider:
- Professional negligence occurs when a professional fails to perform their duties to the required standard, causing harm or damage.
- You may need to gather evidence, like reports or communications, to support your claim.
- Consider consulting a solicitor specializing in construction or property law to explore your options further.
Would you like assistance connecting with local lawyers to better assess your case?
no - does negligence have to result in harm
In Scotland, for a negligence claim to be successful, it generally needs to result in harm or loss. The key elements of negligence include:
- Duty of care: The professional owed you a duty to perform their services with reasonable skill and care.
- Breach of duty: The professional failed to meet the standard expected.
- Causation: The breach directly caused harm or loss.
If you haven't suffered harm yet, it might affect the claim. You might want to consult a solicitor for specific advice. If you need further assistance or have more questions, feel free to ask!
can the harm be financial loss
Case Rating: *
Yes, in Scotland, harm from negligence can be financial loss. If the architectural firm's error caused you financial expenditure or loss, it can be considered harm. You may want to document expenses and potential impacts. Consulting a solicitor for detailed advice is advisable. Do you have any other questions?