Professional Negligence Claims Against Building & Pest Inspectors

A professional will not necessarily have acted negligently simply because they have made an error in judgment. However, what is considered “reasonable care and skill”, and what will amount to negligence, will vary from matter to matter depending on the service that is being offered. Our lawyers at Gibbs Wright can assist you in navigating this section of your claim.

Professional negligence is when a professional owes a duty of care and breaches their responsibilities causing you financial loss. Negligence often includes failing to give you correct advice, failing to give you advice on a certain issue, and failing to give you advice within a reasonable time (for example, regarding limitation periods).

Negligence involves the inspector failing to identify significant defects, providing inadequate or inaccurate reports, or not adhering to the standards required by their profession. It’s about a breach of the duty of care they owe to their clients.

To successfully prove a claim of professional negligence, you (a plaintiff) must establish that:

• a duty of care was owed to you by the professional
• the professional breached their duty of care
• you suffered loss, damage or other injury

If all the above elements are satisfied, a successful claim in professional negligence will generally entitle you (the plaintiff) to claim compensation for any loss or damage suffered as a result of the negligence.
This will generally include some or all of your legal costs or other professional services expenses reasonably incurred in the process of establishing a professional negligence claim, and may occasionally also include potential future financial losses or expenses that are likely to accrue as a direct result of the negligence.

You’ll need financial records, correspondence, contracts, and any other documents that show your accountant’s advice or work and the resulting financial impact. Expert witness testimony can also be crucial.

If the inspector is uninsured or underinsured, it can complicate matters, especially in obtaining compensation. However, legal options may still be available, and it’s essential to seek legal advice for your specific situation.

Professional negligence claims are often highly complex matters. Professionals generally have a duty of care to provide you with the best possible guidance they can. Due to the impact a professional negligence claim is likely to have on a professional’s business and/or reputation, most professionals who have been accused of professional negligence are likely to put up a strong fight to limit their liability as much as possible.

Accordingly, you will need to build a strong case with solid arguments – and you will need someone with vigorous negotiation skills to push your case forward and get you the results you want. You must engage experienced litigation lawyers early on who will fight hard for you from the get-go so that you can be confident in the outcome of your case and know that you will receive the compensation you deserve for the loss and damage that you have suffered.

At Gibbs Wright Litigation Lawyers, we go above and beyond for our clients. You can rest assured that we will provide you with exceptional litigation and dispute resolution services at all stages of your matter – from the initial negotiation stage through the final stages of a courtroom trial – to maximise your chance of success in your professional negligence claim.

What you can claim in a professional negligence case will depend on whether your case is resolved through negotiation and mediation or the Queensland courts.

For claims that reach the Queensland courts, compensation is usually awarded based on the amount that is required to return you to your financial position before the event that caused the professional negligence claim.

For privately negotiated matters, it varies based on the type of insurer and opponent.

In both situations, our team at Gibbs Wright can advise you as the case develops on what kind of outcome you can expect from your claim. And we measure our success by a positive result for you.

Professional negligence claims are rarely resolved by a judge because they are frequently settled out of court through negotiation and mediation.

If your claim does result in a courtroom showdown, our team of litigation lawyers at Gibbs Wright are well prepared to face that challenge on your behalf.

Costs can vary depending on the complexity of the case. Many lawyers offer a range of fee arrangements to assist. We will provide clear information about costs upfront to help you make an informed decision.

Unfortunately, without all the details of your case, we cannot give you an exact idea of how long your case may take. The length and duration of a claim depends on the extent of your financial loss, whether the professional’s insurer disputes liability for your claim and whether expert evidence will be needed regarding how the work should have been performed.

Our professional negligence lawyers at Gibbs Wright can determine whether a person or business that has provided you with a service has failed in their duty of care. We undertake a thorough examination of your case, its eligibility and avenues for potential claims, all the while minimising your potential risk.

No, but you may find yourself at a significant disadvantage when initiating a case against an insurer. Insurers generally have lawyers of their own whom they will receive advice from and they will have experience in defending similar claims to yours.

If you’re worried about contacting a lawyer because of the costs surrounding your case, we offer an initial no-cost, obligation-free consultation so you won’t be out of pocket by having a conversation with us regarding your case.

The amount of compensation you receive for a professional negligence claim will depend on your case and the proof required to establish your loss. To get an understanding of how much compensation you may be entitled to following a professional negligence claim, contact one of our lawyers today.

Australian legislation imposes strict statutory limitation periods that will limit the time you have to bring a professional negligence claim.
In Queensland, the Limitation of Actions Act 1974 stipulates that negligence claims must be commenced within six years from the date on which the negligent action occurred, except in circumstances where the negligence involves personal injury, in which case the claim must be commenced within three years from the date the cause of action arose.

Some limited exceptions to these rules do apply.
Separately from the limitation periods, it is often beneficial to commence proceedings as soon as possible, as it is often easier to recall conversations in specific detail or to uncover documents and other evidence, which may otherwise be lost over time.

Make sure you obtain legal advice as soon as possible if you have been the victim of professional negligence to ensure you don’t lose your right to receive compensation for any loss you have suffered.

Yes, many negligence claims are settled out of court through negotiations. We aim to reach a fair settlement without the need for a trial, but we are also prepared to go to court if necessary to ensure your rights are fully protected.