printer friendly versionPrint this Page

Surveyors' Duties and Fee Disputes

The range of surveyors' negligence cases handled by members of Keating Chambers is extensive.  Advice and representation provided has involved building surveying, quantity and construction, commercial property, dispute resolution, environment and planning development.  For Keating Chambers' experience of valuation or project managment issues, often carried out by surveyors,  see the Valuers’ Duties and  Project Managers’ Duties sections.

The landmark cases of Copthorne Hotel v Arup [1997] 58 Con LR 105 and Georg Fischer Holdings v Multi-Design Consultants [1998] 61 Con LR 55 arose from actions brought against quantity surveyors (amongst other parties) following significant cost overruns. In both cases, members of Keating Chambers appeared as counsel.

More recently, a Chambers team appeared in the Technology and Construction Court in Catline Estates Ltd v Carter Jonas [2005] EWHC 2315 on behalf of the client in an action against the defendant building surveyors arising from a prestigious shooting-lodge development in the North East of England.  The action was successfully completed and an order for indemnity costs obtained.

Chambers attracts instructions on the basis of its considerable experience and expertise: seven members hold engineering and construction qualifications (including a first-class degree in building surveying). All members of Chambers are specialists in construction matters and many undertake significant professional negligence work.

Current or recent surveyors' negligence work includes the following:

  • defending a firm of surveyors in the trial of a claim brought by owners arising out of restoration works to a 400-year-old cottage seriously damaged by fire.

  • dealing with a claim against a quantity surveyor arising out of the development of a Leeds shopping centre.

  • dealing with claims and adjudications against quantity surveyors for negligent estimating in advance of project commencement.

  • Plymouth and South West Co-operative Society – Architecture Structure & Management [2006] EWHC 5. A Chambers team represented the defendants, a quantity surveying practice, who were sued by their clients in respect of an overspend on the redevelopment of the Co-op’s flagship Plymouth store, which was alleged to have increased the cost by some £1.4 million.

As well as dealing with case work, our members maintain strong links with the surveying profession in other respects. Two members co-authored the ‘Party Walls’ title for the RICS Books ‘Case in Point’ series, and four others are completing titles in the same series. Keating Chambers’ Director of Research, Professor Anthony Lavers MRICS is Consultant Editor to this series. The Lloyds of London Press ‘Professional Negligence’ title section on Negligence by Quantity Surveyors (and Architects and Engineers) was undertaken by members of Chambers. Members are also in demand for speaking engagements: senior members were keynote speakers at the joint RICS/Society of Construction Law Conferences at Derby (October 2005) and Leeds (March 2006).


Further Information
For further information on how our members can assist you, please contact the Senior Clerks, John Munton and Nick Child, in the first instance, on +44(0)20 7544 2600. They and their teams of Clerks will be pleased to advise you on the member of Keating Chambers appropriate to your requirements.