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Take Action If Professionals Let Down Your Business

Your business has almost certainly used an accountant, a surveyor, or a solicitor. Maybe your business relies upon engineers or architects? It goes without saying that the vast majority of professionals have very high standards and provide an excellent service but sometimes they make mistakes and, when they do, it can be devastating.

Judging by the level of enquiries we are receiving it looks as if such mistakes, or at least the willingness of business owners to do something about it, are on the increase.

  • What would be the effect on your business if you bought a competitor (or a complimentary) business and your solicitor failed to advice correctly about TUPE regulations?  You could end up being saddled with employees you weren't expecting and couldn't afford. Or you may be facing numerous and costly compensation claims for unfair dismissal.
  • What if your accountant's poor tax advice left you with a huge tax bill you could have avoided and hadn't budgeted for?
  • What if your surveyor missed a major subsidence issue on your newly acquired  premises? Major and costly remedial work may be needed, the property's value may be greatly reduced and you may have to close the business while the work is carried out.  

Would your business cope?  
How would your reputation be affected? 
What would your clients/customers think?
What can you do if you find yourself in this situation?

Making a professional negligence claim is one solution but this does not necessarily mean launching court proceedings. Nowadays a protocol covers professional negligence claims and they can be, and often are, settled by negotiation or mediation without the need to take court action.

The key to successfully resolving these claims is quickly and accurately identifying the issues, the achievable outcomes and what is the best realistic solution for your business.

Is money (compensation) the only solution or could other solutions (for example relocation or provision of other services) be negotiated?

Common sense and reasonableness often prevail but sometimes issuing court proceedings may be the only solution. And remember, the professional concerned will in all probability be insured and so there is no need to worry about getting the money at the end of the day.

The law is there to help businesses in these types of situations. There is no need for businesses to shy away from using it.