Construction professionals and duties of inspection

Construction professionals and duties of inspection

Jonathan Spencer (Managing Associate) and Frances Gordon-Weeks (Associate) of Simmons & Simmons consider the recent ruling in Burgess v Lejonvarn specifically in relation to the key guidance on duties of inspection.

In Burgess v Lejonvarn [2018] EWHC 3166 (TCC) the claimants failed in every aspect of their breach of duty claim against the defendant architect, despite having previously established as a  preliminary issue that the architect, who provided free services to friends, owed a duty of care in tort when carrying out those services. Among other things, the claimants had alleged that the defendant had been negligent and in breach of duty in respect of inspection services carried out, and it is this part of the claim which we focus on in this blog post.

With reference to McGlinn v Waltham Contractors Limited 

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About the author:

Jonathan is a Partner at Simmons & Simmons.

Jonathan specialises in defending professional indemnity claims against construction professionals (including architects, engineers, and surveyors) and major contractors. He also regularly advises on complex, high value coverage disputes for London market insurers.

Jonathan has experience of a wide variety of construction disputes involving iconic buildings, sports grounds, schools, hospitals, large residential schemes, commercial/retail and waste to energy facilities. 
 
His caseload routinely involves mediations and litigation (generally in the Technology and Construction Court), and he also has arbitration and adjudication experience.
 
Jonathan has undertaken a year-long client secondment at a major international Insurer, which provided him with invaluable first-hand experience of the insurance market.