Negligence

Question 1

What is negligence?

Answer 1

• A breach of duty of care between professionals and clients.

Question 2

What is a ‘duty of care’?

Answer 2

• The duty to act with reasonable skill and care and to avoid acts or omissions, which can be reasonably foreseen to cause harm to others.

Question 3

What legislation is relevant to limitation periods for negligence claims and what are the limitation periods for a claim for negligence?

Answer 3

• Limitation Act 1980.
• Limitation periods for claims for negligence are: the later of 6 years from the date the damage is suffered OR three years from the date the claimant knew about the damage WITH an overall longstop date of 15 years from the negligent act or omission.

Question 4

How can you avoid claims for negligence?

Answer 4

• Clearly understand the client’s brief.
• Issue written terms of engagement, which confirm the services to be provided and obtain signed agreement from the client.
• Undertake all work in accordance with RICS practice statements, codes of practice and guidance notes.
• Maintain accurate site notes and photographs.
• Cap professional indemnity insurance in the terms of engagement.