Rise in property and construction litigation

One of the UK's leading experts in property defect diagnosis predicting 2009 will see significant increase in building related conflicts as businesses look to recoup costs during the recession.

History shows that when a recession bites, construction and property sector disputes increase.

According to David Tuffin, one of the industry's most in-demand expert witnesses: "Organisations look more carefully at areas where they can recover costs and start challenging designers, contractors and tenants on issues that, during the boom years, they might have turned a blind eye to".

"As a result we can now expect to see a rise in conflicts between landlords, tenants, property owners, investors and contractors.

With over 40 years experience as a chartered building surveyor, Tuffin has operated through the 1990's recession as well as the property crash of the 70's.

He believes that, during years of exceptional growth, property owners have been inclined to brush under the carpet a lot of what they see as collateral damage, such as minor defects in building works or marginal dilapidation claims against tenants.

However, when the market slows down they discover the time and inclination to pursue builders and designers for mistakes made during the rush to complete projects.

They are also more reluctant to cover the cost of repairs caused by perceived lack of maintenance by outgoing tenants.

Tuffin, who spent much of 2008 as the president of the RICS, is now launching a new expert witness division within the independent building and property consultancy, Tuffin Ferraby Taylor (TFT).

The move comes as TFT reports a 35 per cent increase in dilapidation claims, year-on-year, plus a 200 per cent increase in expert witness work compared to this time two years ago, across its six UK offices.

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