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no win no fee (ish) civil

  • 20-03-2014 9:16am
    #1
    Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭


    are there any solicitors that would take a case - civil / builder - client -incompetent builder/signed off by an engineer - even to take a case against the engineers professional indemnity insurance...

    proofs very convincing!!

    thks
    Paddy


Comments

  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    There are a number of details that would need to be got before a solicitor could make an informed decision on a building/construction case.

    First, the solicitor may need a report from a competent litigation engineer, who is known to and trusted by him. The client may have to pay for such a report, possibly up front. Many clients believe that their cases are very convincing, but expert reports will still be required.

    Secondly, the solicitor will look at the photos, the engineering report, and all of the details of the case, and make a judgement on whether or not there is a good prospect of success and recovery of damages/costs.

    If there is a good prospect of recovery of damages/costs, a solicitor may decide not to charge a professional fee in the event that the action is unsuccessful. However, it could well be that the client would still have to cover the cost of reports, engineer's fees and certain other fees and outlays. In the current climate, solicitors are less willing to fund many of the outlays that arise in litigation.

    If the case does not have such a good prospect of success and/or recovery of damages/costs, a solicitor may still agree to act in the matter, but he may ask the client to cover all outlays and he might also ask the client to pay him money on account, to cover a portion of his fees.

    Thirdly, it should also be borne in mind that whatever the chances of obtaining a court award, if the chances of recovering damages/costs is low, solicitors may be reluctant to take on a particular case. If all defendants are broke and uninsured, there may be minimal prospect of recovering anything.

    Fourthly, in addition to an engineer, a plaintiff might also have to expect to employ a quantity surveyor to prepare a list of the expenses involved. It is important that this would be as accurate as possible, as it can create problems if an action is brought in the wrong court.

    You should ring around and check with a number of solicitors' firms. It would be better if you had somebody recommended to you. It is likely that there will be solicitors who would be willing to discuss the matter with you, in any event.


  • Registered Users, Registered Users 2 Posts: 2,880 ✭✭✭2012paddy2012


    There are a number of details that would need to be got before a solicitor could make an informed decision on a building/construction case.

    First, the solicitor may need a report from a competent litigation engineer, who is known to and trusted by him. The client may have to pay for such a report, possibly up front. Many clients believe that their cases are very convincing, but expert reports will still be required.

    Secondly, the solicitor will look at the photos, the engineering report, and all of the details of the case, and make a judgement on whether or not there is a good prospect of success and recovery of damages/costs.

    If there is a good prospect of recovery of damages/costs, a solicitor may decide not to charge a professional fee in the event that the action is unsuccessful. However, it could well be that the client would still have to cover the cost of reports, engineer's fees and certain other fees and outlays. In the current climate, solicitors are less willing to fund many of the outlays that arise in litigation.

    If the case does not have such a good prospect of success and/or recovery of damages/costs, a solicitor may still agree to act in the matter, but he may ask the client to cover all outlays and he might also ask the client to pay him money on account, to cover a portion of his fees.

    Thirdly, it should also be borne in mind that whatever the chances of obtaining a court award, if the chances of recovering damages/costs is low, solicitors may be reluctant to take on a particular case. If all defendants are broke and uninsured, there may be minimal prospect of recovering anything.

    Fourthly, in addition to an engineer, a plaintiff might also have to expect to employ a quantity surveyor to prepare a list of the expenses involved. It is important that this would be as accurate as possible, as it can create problems if an action is brought in the wrong court.

    You should ring around and check with a number of solicitors' firms. It would be better if you had somebody recommended to you. It is likely that there will be solicitors who would be willing to discuss the matter with you, in any event.

    great reply ,most informative thks. I have another post on the go on the architecture forum ..which has spurned this post. I am really interested in how to start a claim from professional indemnity insurance , as the engineer gave the extension the thumbs up in 2010 , I now discover he made a complete bags of it. The problem I have is the builder is gone abroad , but I believe I would not have the problem I have , if the engineer did he job...thks again..Paddy


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