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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My architect has provided me with a fraudulent building control

Customer Question

My architect has provided me with a fraudulent building control certificate ( this confirmed by building control) how do I pursue him for costs ? i.e invoice already paid , mortgage payments and lost sale etc
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
You will have to sue him for professional negligence and fraud. What did he do? Did he forge the certificate?
Do you have a retainer from him? Does he have professional indemnity insurance?
Kind regards
AJ
Customer: replied 2 years ago.
Hi AJ
We are assured by building control the certificate provided by our architect is fraudulent, we received this via email with a covering letter stating we would receive hard copy in approx 4 weeks time. We have paid his invoice in full so hold no retainer. Regarding insurance we are not aware if he does have any. To date we have phoned and emailed on numerous occasions without response , so feel we are in limbo. Following on from the fraudulent certificate it was made clear to us by building control our works were never signed off and in fact no steel beam calculations provided. This has pushed our sale back (no end date as yet) and cost us an additional £600.00 plus to employ a structural engineer to provide calculations for steelwork.
Regards
Chris
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
You can commence a claim for fraud and professional negligence, but there is something known as a pre action protocol for such claims. Failing to follow this could cause you to incur substantial costs.
As a starting point do you have an address for the architect?
Kind regards
AJ
Customer: replied 2 years ago.
Hi
We do have the current address for our architect.
Regards
Chris
Expert:  Alex J. replied 2 years ago.
Hi Thank you. If you to sue the architect you need to know their last known address to serve proceedings.Also is the architect registered with RIBA? kind regards AJ