Building Law Monthly
Liability of surveyor in connection with recently rebuilt property
In
Large v Hart [2021] EWCA Civ 24 the Court of Appeal dismissed an appeal from the decision of Mr Roger ter Haar QC (on which see our June
2020 issue, pp 10–12) and held that the defendant surveyor was liable for the difference between the value of the property
without defects and the property as it was with all the defects which in fact existed. The Court of Appeal emphasised that
this was an “unusual” case in which the responsibility of the defendant was not simply to value the property but it extended
to advising the claimants on whether further investigations were required before completion and, in particular, on the need
for a Professional Consultancy Certificate prior to completion. To the extent that the defendant submitted that its share
of the liability to the claimants was disproportionate, the answer to that complaint was to be found in possibly bringing
contribution proceedings against his fellow defendants. It did not justify a reduction in his liability to the claimants.