Many construction disputes stem from professional negligence

All parties involved in a construction project are legally required to use reasonable care when performing work. However, contractors are not the only ones with this legal obligation. The following parties on a project also owe a duty of reasonable care:

  • Architects
  • Engineers
  • Project Managers
  • Accountants
  • Financial advisors
  • Attorneys

Proving professional negligence

Professional negligence occurs when a professional on a construction project breaches the duty of care owed to a client or a third party, causing them to sustain damages. Damages to the property often are caused by design, material, and workmanship defects, which result in construction defects. Negligence may also result in delays or failure to complete a project, which could result in financial losses.

Some examples of professional negligence in the construction industry include:

  • Failing to follow building codes
  • Failing to adhere to project specifications
  • Failing to properly value a property
  • Building a defective foundation
  • Failing to obtain permits
  • Misrepresenting the quality of work
  • Failing to design a safe structure
  • Failing to inform client of changes in tax laws
  • Failing to use proper materials
  • Providing inaccurate information regarding construction site
  • Failing to provide adequate legal services

The specifics of the duty owed to the client will depend on the type of professional involved. However, generally speaking anytime a professional fails to serve in the best interests of the client or fails to comply with applicable work standards and laws, they could be liable for professional negligence. An attorney experienced with construction law matters can help you file a negligence claim against the parties liable for the property damage and financial loss you have sustained.


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