Mediation Case Studies
Professional Negligence Architect Dispute
The Problem – Professional negligence, the claimant sued his architect for failing to observe the correct planning permission granted for an extension to his public house. It was alleged that due to the architects incompetence delays occurred as well as the expenditure of putting his errors right alongside the loss of business accumulating in an action totalling £92,000.
The Solution – From the joint and separate meetings at the mediation it was quite clear the architect admitted he had made an error, and was willing to put this right; however the claim for £92,000 was excessive.
The public house had to delay their grand opening, it transpired due to various technical issues and complexities out of the control of the architect regardless of his error there would have still been delays.
The claimant did recall a brief conversation about this months ago, therefore with the delay in opening being inevitable the loss of business claim which made up the bulk of the claimants claim was not entirely accurate.
Several offers, counter offers were made, whereby the difference between the parties was £10,000, the parties split the difference and settled for £33,500.
- The mediation took 1 day compared to the 7 months this professional negligence dispute had already gone on.
- The mediation cost each party £750.00 each compared to the thousands they had already spent on legal fees and the thousands they would have had to spend had they continued with Court action.