A family have won their professional negligence claim against a structural engineer who failed to alert them that a house they were buying was in a dangerous condition and should be demolished.
The court heard that the house came up for sale in 2011 and the family engaged the engineer to provide a structural report. He advised that it required remedial work at an estimated cost of £25,000, and the family bought on that basis.
However, contractors brought in later to carry out the renovation said the walls were tilting outwards so badly that there was no alternative but to demolish the property. A second opinion from another firm made the same recommendation. The measurements of the walls showed that they were tilting to a degree within and beyond the range that industry guidance described as the “ultimate limit”.
The family brought a professional negligence claim against the engineer. He said he had considerable experience of houses in the area that tilted and the main concern was whether there was continuing movement in the property, not the degree of tilt.
The court found in favour of the family. It held that the engineer had not been concerned about tilt in the slightest and his approach was not that of a professional, exercising reasonable care and skill. He had fallen below the standard expected of a structural engineer and had been negligent.
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Case featured:
Homeowners win negligence claim against structural engineer
[2016] EWHC 1949 (TCC)
(1) DAVID SCOTT (2) CHRISTOPHER SCOTT (3) ELIZABETH SCOTT v EAR SHEPPARD CONSULTING CIVIL & STRUCTURAL ENGINEERS LTD (2016)
QBD (TCC) (Fraser J) 27/07/2016