Liability & Complaints Procedure

 

Hollingsworth Building Assessments

1. Nature of Service

 All services provided are:

  • Non-intrusive

  • Visual in nature

  • Advisory only

  • Based on conditions observed at the time of inspection

The service does not constitute:

  • A structural survey

  • A statutory inspection

  • A regulatory enforcement report

  • A warranty or guarantee of condition

  • Certification of compliance unless expressly stated

Reports represent professional opinion formed using reasonable skill and care. Disagreement with professional opinion does not constitute negligence.

2. Time Limit for Complaints

Any complaint must be submitted in writing within:

 28 calendar days of the report issue date.

Complaints submitted outside this period will not be accepted, except where prohibited by law.

3. Complaint Submission

Complaints must:

  • Be submitted in writing

  • Clearly identify the concern

  • Reference the relevant section of the report

  • Include supporting evidence where available

 Verbal complaints will not be treated as formal complaints unless confirmed in writing.

Written complaints will be acknowledged within 5 working days.

 A full written response will normally be issued within 15 working days, where reasonably practicable.

4. Exclusions

No liability is accepted for:

  • Latent or concealed defects

  • Areas not accessible at inspection

  • Deterioration occurring after inspection

  • Works undertaken by third parties

  • Failure of others to implement recommendations

  • Regulatory decisions or enforcement action

  • Grant or funding refusal

  • Tenant behaviour or misuse

  • Matters outside the agreed scope

Reports reflect the condition of the property at the date of inspection only.

5. Third-Party Reliance

The report is prepared solely for the named client.

No duty of care is owed to:

  • Tenants

  • Purchasers

  • Managing agents

  • Contractors

  • Mortgage lenders

  • Insurers

  • Local authorities

  • Any third party

No third party may rely on the report without prior written consent.

6. Limitation of Liability

To the fullest extent permitted by law:

The total liability of Hollingsworth Building Assessments arising out of or in connection with the service shall not exceed the professional fee paid for that specific instruction.

No liability is accepted for indirect, consequential, or economic loss, including but not limited to:

  • Loss of rent

  • Business interruption

  • Compliance costs

  • Enforcement penalties

  • Loss of funding

 Nothing in these Terms limits liability for death or personal injury caused by negligence.

7. Duty to Mitigate

The client must take reasonable steps to mitigate any alleged loss and must notify the Consultant before undertaking remedial works where a complaint is intended.

 Failure to provide opportunity for review may invalidate any claim.

8. Jurisdiction

These Terms are governed by the laws of England and Wales.

Any dispute shall be subject to the exclusive jurisdiction of the courts of England and Wales.