HART AND ANOTHER v LARGE AND OTHERS

[2020] EWHC 985 (TCC), Technology and Construction Court, Mr Roger ter Haar QC sitting as a Deputy High Court Judge, 22 May 2020

Surveyor’s negligence – Duty in relation to recently rebuilt property – Measure of damages

The claimants brought a claim against the defendant surveyor in which they alleged that the defendant had been negligent in surveying and valuing a residential property situated in a hill-top location in Devon. The property had been completely rebuilt in the 18-month period prior to it being bought by the claimants. The survey carried out by the defendant was a homebuyer’s report at a cost of £600 (the sale price of the property was some £1.2 million). The report contained one red light item, which was in respect of drainage, and one amber light item, which was in respect of rainwater pipes and gutters. As soon as the claimants took possession of the property following completion, substantial defects in the property became apparent, including problems with damp and ingress of water.