Party wall dispute, advice pls!!!!!

shays_mum

Since yesterday, it turns out the builders had already informed their insurance the day things happened phew!.
My home insurance legal team feel she is negligent for parking where she did despite having a massive drive & may counter claim for MY emotional distress as she has given us problems from day 1. I have just found out her son was extremely vile to the builders, threatening them etc for ages as well.
I have demanded proof from the PW scumbo's & told them to shove their 7 day notice. The thing, she is really nice to talk to 1-2-1 & was really welcoming when we first got there. I can understand this build has gone on & its not nice for anyone, but this just seems extortionate.

shays_mum

JimmyTheWig wrote: »

Pretty much, I think. Just one thing I'm still not sure of...


Did you pay for this guy for yourself and they then did work for your neighbour for free (= for commission)? No
Or did you pay for this guy for yourself and they then used the time you had paid for to do stuff for your neighbour? No
Or did you pay for this guy for your neighbour (e.g. because that's the rules)? Yes

Don't take it personally. I'm sure they are in cahoots to rip anyone off, not just you.
Which is why I'd say just pass it on to the builder's insurance company and let them deal with it.
If the builder's insurance company want to contest it then fine. If they are happy just to pay up then that's not your problem.

I had appointed my own PW surveyor who i paid for (via the builder ironically). My PW surveyor appointed another PW surveyor who acted on behalf of my neighbour. They all work together in the same firm. I also paid for the other sides PW as well, so in total i paid for 3 PW surveyors!!!!!

Your right, its only got me worried as its very legal looking, but then hey! its supposed to worry me to pay up.

shays_mum

A lesson in hindsight.

Save your PW hiring fees, stick them in an account.

Start your work & if the neighbours want to cause problems, as long as you have PD/planning in place, let them get an injunction to stop works.

If its goes to court, you can prove PD/planning is in place, then the judge will say "carry on" & your neighbour can jog on.

If there is any damages, then you have your £000's from surveyor fees to fix those, assuming your builder did the damage in the first place. Again, that's up to the neighbours to prove.

Your new neighbours may not be happy with you, but then that's up to you how you go about building bridges.

Really regret trying to do things by the book , lesson learnt, but hoping this situation helps someone else not to make my expensive mistakes!.

cyclonebri1

I have just recalled an incident that caused us great distress many years ago.

simple story.

bought car for daughter as xmas present day 1

left in drive overnight and day 2 big winds and £1000 damage caused by falling roof tiles.

Not insured as she didn't even know about it untill day 3 Xmas day..

So who paid up? I dam well had to do.

My insurers said the issue was not theirs, had it been my roof the situation would have been different.

Their insures said the car should have insured in it's own right and as such it was not their liability.

Now, I'm no legal expert but this was the brick wall I came up against. I researched, if the neighbour had have been insured with A group of insures they would have paid up, Bgroup wouldn't, and it was about a 50/50 split.

My view is that is down to the car insurer to pay, then if confident pursue that against the builder.

It's not the party wall act and it isn't your problem.

shays_mum

cyclonbri!:What has annoyed me is that the PW took it as it was our fault in the first place without talking to me, hence all this trouble now. Talk about biting that hand that feeds you lol!!

cyclonebri1

shays_mum wrote: »

cyclonbri!:What has annoyed me is that the PW took it as it was our fault in the first place without talking to me, hence all this trouble now. Talk about biting that hand that feeds you lol!!

I told you earlier, they are vultures and will rip your arm off let alone bite your hand:D:D:D

jonnyb1978

shays_mum wrote: »

I had appointed my own PW surveyor who i paid for (via the builder ironically). My PW surveyor appointed another PW surveyor who acted on behalf of my neighbour. They all work together in the same firm. I also paid for the other sides PW as well, so in total i paid for 3 PW surveyors!!!!!

Your right, its only got me worried as its very legal looking, but then hey! its supposed to worry me to pay up.

Seems your on the right track..

Re: above.. is this not a conflict of interest? I maybe wrong but these are just cowboys

teneighty

In this situation it is the building owner who is liable for the damage, they should then recover the costs from their builder. The Party Wall Award is between the neighbouring householders therefore the Party Wall Surveyor cannot recover the cost directly from the builder. The surveyors are however obliged to ensure that the damage and remedial costs are accurate and reasonable.

It appears to me that this situation has been handled very badly however I would recommend you proceed very carefully as some of the suggestions that have been made will probably end up costing you a lot more money.

I still do not understand how external painting is part of the Party Wall Award and I am unclear if this is a legitimate firm of surveyors or scam merchants.

JimmyTheWig

shays_mum wrote: »

did you pay for this guy for your neighbour (e.g. because that's the rules)? Yes

In which case I would say that the fact that you paid them is, although annoying, irrelevant. They were supposed to be sticking up for your neighbour and they have done.

So now, I'd say, it's just a case of getting the builder to deal with it, letting your neighbour know that the builder will deal with it and try and keep the peace between you and your neighbour.

shays_mum

That's what i was thinking jonnyb1978........
Me thinks a call to their trade associations maybe in order.