Deconstructing Construction: Professional Liability Extends Further Than Consultants Think

In the intricate world of construction, the reliance on consultants is ubiquitous. Architects, engineers, and other specialists are sought after for their expertise, their advice often taken as gospel in the pursuit of successful projects. However, the landscape of professional liability within this industry can be complex and murky, leaving both consultants and their clients uncertain of where accountability truly lies when things go awry.

A recent case, Jenni & Littleton Glover vs Fluid Structural Engineers, has brought this issue to the forefront, shedding light on the extent of claims that can be made against consultants in the event of their failure to fulfill their duties. This landmark case serves as a wake-up call, prompting a closer examination of the responsibilities of consultants and the potential repercussions of their actions.

The case in question revolved around the extensive refurbishment and extension of a residential property in Westbourne Grove, London. As the project unfolded, cracks and damages began to surface, leading to delays and mounting concerns. Fluid Structural Engineers, the appointed consultants, were tasked with providing crucial guidance and oversight throughout the construction process.

However, it soon became apparent that Fluid had failed to meet the expectations placed upon them. Allegations of breach of duty were brought forth, citing failures to conduct adequate site visits, report accurately on construction progress, and document their observations effectively. These oversights resulted in a lack of clarity for the clients, ultimately leading to significant financial losses and legal battles.

One of the pivotal aspects of this case was Fluid's attempt to dismiss the claims against them, arguing that the losses incurred did not fall within the scope of their agreed-upon duties. However, the court's ruling debunked this notion, emphasizing that consultants bear a responsibility to protect their clients' interests comprehensively. This includes not only ensuring compliance with technical specifications but also safeguarding against potential risks and liabilities, such as damage to neighboring properties.

The court's decision underscored the importance of consultants' vigilance throughout the duration of a project. It highlighted the need for proactive monitoring, timely reporting, and thorough documentation to mitigate risks and address issues as they arise. Furthermore, it served as a reminder that the consequences of negligence extend beyond immediate financial losses, encompassing reputational damage and legal ramifications.

In the aftermath of this case, there is a clear call to action for both consultants and their clients. Consultants must recognize the breadth of their obligations and take proactive measures to fulfill them diligently. This involves not only technical proficiency but also effective communication, collaboration, and risk management. Clients, on the other hand, must exercise due diligence in selecting and overseeing consultants, ensuring alignment of expectations and holding them accountable when necessary.

Moreover, the case highlights the potential benefits of alternative dispute resolution mechanisms, such as mediation. In an industry fraught with complexities and conflicts, a collaborative approach to resolving disputes can foster greater understanding, expedite resolution, and preserve relationships. Moving forward, the promotion of mediation as a preferred method of dispute resolution can contribute to a more harmonious and efficient construction ecosystem.

In conclusion, the Jenni & Littleton Glover vs Fluid Structural Engineers case serves as a pivotal moment in the realm of construction consultancy, illuminating the nuances of professional liability and the importance of accountability. Consultants must heed the lessons learned from this case, embracing a proactive and comprehensive approach to their responsibilities. Likewise, clients must remain vigilant and assertive in safeguarding their interests and seeking recourse when necessary. By fostering a culture of transparency, diligence, and collaboration, the construction industry can navigate challenges more effectively and uphold the highest standards of professionalism and integrity.

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Author

Ian J. Rogers

With a track record of delivering successful projects, I offer consultancy services that drive a project’s success. I also can provide training, coaching and mentoring.

I am your experienced guide (sherpa) helping you navigate the complex world of information management and project processes and I will provide solutions that improve your project, increase profitability, and minimize risk.

I have worked with or on medium to large projects as a Quantity Surveyor, Project Manager and Facilities Manager.  I also have experience of structured finance. So I can truly look at the whole life cycle of a project.

My consultancy services, offered in-person, remotely, and in a hybrid format, are founded on aligning projects for success.

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Accreditations

BSc Quantity Surveying

Member of the Royal institution of Chartered Surveyors

Member of the Institute of Workplace and Facilities Management

Member of the International Facility Management Association