Paper

Journal of Building Appraisal (2007) 2, 294–300. doi:10.1057/palgrave.jba.2950050

Surveys and valuations — Breach of contract and negligence

Sarah Wilson LLB, ACIArb1

Correspondence: Sarah Wilson, Watson Burton LLP, 1 St James' Gate, Newcastle upon Tyne NE99 1YQ, UK. Tel: +44 (0)191 244 4336; Fax: +44 (0)191 244 4500; E-mail: sarah.wilson@watsonburton.com

1is an associate solicitor within Watson Burton LLP's Construction & Engineering Department, one of the largest specialist construction legal departments outside London. Sarah's clients vary from developers and main contractors through to design professionals and sub-contractors. She specialises in large-scale, high-value engineering and construction disputes and has wide-reaching experience of various dispute resolution forums such as the Technology and Construction Court, arbitration, adjudication and mediation. She also has wide-ranging experience in drafting contracts in relation to construction and engineering projects. She is an associate of the Chartered Institute of Arbitrators and is the Treasurer of the Northumbria branch.

Received 2 November 2006; Revised 2 November 2006.

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Abstract

This paper reviews liabilities for surveys and valuations to both clients and third parties in terms of contract and non-contractual claims. It addresses the extent of losses for which valuers and surveyors can be responsible, and provides suggestions to avoid claims emphasising the provision of a quality service to the client. The use of the term 'surveyor' in this paper is intended to refer to both surveyors and valuers.

Keywords:

contract, breach, negligence, skill and care, damages, professional indemnity insurance

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