Find out what caused a structural defect and get it in writing
For homeowners, landlords, buyers and businesses in dispute with a builder, insurer, neighbour or seller over structural defects. Describe the problem and compare quotes from structural engineers who investigate and report.
When a structural problem turns into a dispute, the opinion needs to be independent, based on evidence and clearly written. It might be cracking after a builder’s work, a floor or beam that was not built as designed, damage you believe a neighbour’s work caused, or a defect a seller did not mention. A structural engineer acting as an expert investigates what is wrong and why, what repair is needed and what it involves, and records it in a report. In England and Wales an expert’s first duty is to the court, which is what makes the report credible to everyone involved.
How a professional can help
- Investigating what has gone wrong: They inspect the building, review drawings, calculations and photographs, open up the structure where needed and test or monitor, so the cause is established from evidence rather than assumption.
- Comparing the work with the design: They check what was built against the drawings, calculations, Building Regulations approval and accepted good practice, and say where the work differs and whether the difference matters structurally.
- Working out the cause: Where design, workmanship, materials, ground conditions or a neighbour’s work could all be to blame, they weigh up the evidence and give reasoned opinions on the most likely cause or causes.
- Setting out the repair: They describe the work needed to put it right, how it could be done and what it involves. A solicitor, insurer or other party can then understand the repair rather than guess at it.
- Reports for solicitors, insurers and courts: They write reports that follow the rules for expert evidence, setting out their instructions, what they inspected, their opinions and the reasons for them, and confirming their duty to the court.
- Joint inspections and experts’ meetings: They can attend a joint inspection with the other side’s expert, discuss where they agree and differ, and respond to questions on their report.
Is this right for you?
- A builder’s structural work has cracked, sagged or failed and you want independent evidence of what went wrong.
- You are in a dispute with an insurer, seller or neighbour over structural damage and need a clear report.
- Your solicitor needs an expert’s report to support or defend a claim.
- You want to know whether a problem is a defect worth pursuing before you decide on further steps.
- You are a landlord, developer or managing agent who needs a defect investigation for a building.
How the project usually runs
- Initial discussion: You describe the problem and what you need: a defect report for your own use, a report for solicitors, or evidence for court. The engineer explains what they can and cannot comment on.
- Instructions and conflicts: They check they have no conflict of interest, agree the questions to be answered and who instructs them, and take dated copies of the documents and photographs.
- Inspection and investigation: They inspect, measure and photograph the defects, open up or test where needed, and may monitor movement or review records, taking care to preserve the evidence.
- Writing the report: The written report sets out the facts and the investigation. It gives opinions on cause where they are within the engineer’s expertise, and the repairs needed, in a form solicitors and other parties can follow.
- Next stages: If the dispute continues, they can answer questions, take part in meetings with the other side’s expert and, if instructed and needed, give evidence at a hearing.
What affects the cost
- How complex the defect is, from one failed beam to widespread cracking across a whole building.
- How much opening up, testing or monitoring is needed to establish the cause.
- Whether you need an investigation report only, or a report written to the standard courts expect.
- The number of documents to review and the number of parties involved.
- How far the matter goes, including meetings with other experts, answering questions and attending a hearing.
Legal routes, evidence and who to ask
- An engineer gives an independent opinion on the structure, not legal advice. Speak to a solicitor about your rights, time limits and the right route, such as negotiation, mediation or court.
- Court rules and procedures differ between England and Wales, Scotland and Northern Ireland, so tell the engineer where a case might be heard. Engineers cover the whole of the UK.
- Where you can do so safely, leave defective work in place until it has been inspected and recorded, and keep photographs, dates and correspondence. If it is unsafe, keep people clear, have it made safe at once and tell the engineer.
- Defects that affect neighbours or shared walls may also involve the Party Wall etc. Act 1996 in England and Wales, and a party wall surveyor can advise.
Questions people ask
What is the difference between a defect report and an expert witness report?
A defect investigation report is for your own use and says what is wrong and how to fix it. An expert witness report follows the court’s rules on expert evidence, including an overriding duty to the court, and is written so it can be used in a dispute. Tell the engineer at the start which you need, because it changes how they work.
Can the engineer say who is to blame?
They can give an opinion on cause where it is within their expertise, for example that a beam is undersized or a trench was too shallow. Legal responsibility, contract terms and liability are matters for solicitors and the court. A good report sticks to what the evidence shows and says plainly where something cannot be determined.
Should I get the work repaired before the engineer looks at it?
If it is unsafe, keep people clear and have it made safe at once, photographing what you can and telling the engineer. Otherwise wait if you can. Repairs remove evidence the other side may want to see, and they may argue the damage got worse or was caused by the repair. Ask your solicitor and the engineer before anything is taken out.
Will the engineer give evidence in court?
Some structural engineers do expert witness work and some do not, so ask when you request quotes. Most disputes are resolved without a trial, but a report written to the standard courts expect keeps that option open. Your solicitor will advise how the matter is likely to proceed.
Can one engineer act for both sides?
In England and Wales, parties sometimes agree a single joint expert, who is instructed by both sides and owes their duty to the court. Otherwise each side normally has its own expert. If you would like a joint expert, your solicitor will usually need to agree that with the other party first.
Available across the UK
Professionals cover the whole of the UK: England, Scotland, Wales and Northern Ireland. Planning and Building Regulations differ between the four nations, and your professional will work to the rules that apply where your property is.
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