Claim against designer in respect of a listed barn conversion

We were instructed to bring a claim against the designer in relation to a listed barn conversion, which our client had purchased with the benefit of planning permission and listed building consents and planned to convert into a new family home. However, the designer failed to ensure that the conditions were discharged or that relevant permissions were sought before works began, resulting in a stop notice being imposed (causing severe delays to the project) and large parts of the works proving to be wholly abortive.

We were instructed to deal with the termination of the existing contract and to claim against the designer (and his professional indemnity insurers) for the severe financial losses that our client suffered in consequence of the designer’s breaches, both in respect of the costs caused by the delays and in having to put right the unauthorised works, which were severely deficient and contrary to the listed building consents.

Following negotiations with the defendant and its insurer, the matter proceeded to mediation, leading to a settlement on favourable terms being reached without recourse to court proceedings.

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