Design professional negligence claim (architect or engineer)
A claim that an architect or engineer fell below the professional standard and caused construction loss.
What is included
- Reviews the contract, change orders, schedules and correspondence
- Assesses the claim or defence and the evidence needed
- Prepares notices, demand letters and claim documents
- Negotiates with the other parties and their insurers
- Represents you in adjudication, arbitration or court where needed
What is not included
- Reports from engineers, schedulers or quantity surveyors, and other disbursements
- Court, adjudication or arbitration filing fees
- Appeals unless added to the retainer
- Project management or site inspections
Who this service is for
- General contractors, subcontractors and suppliers
- Owners and developers
- Architects, engineers and other consultants
- Condominium corporations with deficiency claims
Information to have ready
- 1The contract, drawings, specifications and change orders
- 2Invoices, payment records and schedules
- 3Site records, photos and daily logs
- 4Emails and notices exchanged on the project
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
Lawyers usually charge $400–$900/hr for this kind of work, by the hour. The lawyer quotes the actual rate and an estimate. You pay the lawyer directly; the referral itself costs you nothing.
Which law governs construction payment in Ontario?
The Construction Act sets the rules for liens, holdback, trust funds, prompt payment and adjudication on most Ontario projects, alongside the contract itself.
What if my contract requires notice of a claim?
Follow it. Many construction contracts require written notice of delay or extra costs within a set time, and missing it can weaken or defeat a claim.
Will I need a technical report?
Delay, defect and negligence claims often need an engineer, architect or scheduling consultant. The lawyer will tell you if one is needed and help choose one.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed
- Statutory and contract deadlines keep running during a referral
- The lawyer confirms the scope, fee and steps in a written retainer before starting
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