Party wall dispute, advice pls!!!!!

jonnyb1978

shays_mum wrote: »

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

The fact partywall surveyors dont have to be qualified surveyors says alot. They work in the interests of the wall not you. You and your neighbours could of appointed your own each or one acting jointly...for the wall so are impartial.

The fact your one got his colleague in for your neighbours instead of agreeing with you to act jointly again shows signs of a rippoff cowboy.

cyclonebri1

teneighty wrote: »

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.

How can you say that, then say the party wall act does not apply here, which I agree, it doesn't

teneighty

How can you say that, then say the party wall act does not apply here, which I agree, it doesn't

You misunderstood my post.

I assume the OP has signed a Party Wall Award so the Surveyors therefore appear to be acting correctly in accordance with that Award.

As a separate issue I would be surprised if this aspect of the work is subject to The Party Wall Act and therefore the award could be meaningless and the Surveyors may have been negligent. But without more information it is impossible to give any practical advice. How about some answers to my previous questions?

By the way, two surveyors from the same firm acting for the building owner and adjoining owner is not a conflict of interest providing they maintain professional standards. It is not a good idea but it doesn't actually break any rules.

cyclonebri1

teneighty wrote: »

You misunderstood my post.

I assume the OP has signed a Party Wall Award so the Surveyors therefore appear to be acting correctly in accordance with that Award.

As a separate issue I would be surprised if this aspect of the work is subject to The Party Wall Act and therefore the award could be meaningless and the Surveyors may have been negligent. But without more information it is impossible to give any practical advice. How about some answers to my previous questions?

By the way, two surveyors from the same firm acting for the building owner and adjoining owner is not a conflict of interest providing they maintain professional standards. It is not a good idea but it doesn't actually break any rules.

That is my point, we agree, the PWA is not relevant here, infact it's actually irrelevant, other than some scum has climbed on the op's back under the guise of it;)

shays_mum

jonnyb1978 wrote: »

The fact partywall surveyors dont have to be qualified surveyors says alot. They work in the interests of the wall not you. You and your neighbours could of appointed your own each or one acting jointly...for the wall so are impartial.

The fact your one got his colleague in for your neighbours instead of agreeing with you to act jointly again shows signs of a rippoff cowboy.

Was told was conflict of interests as he was already working for me & the other neighbour. Looked online said the same thing.......

shays_mum

teneighty wrote: »

A few quick questions.

Is the damage to the neighbour's car paint splashes? If so how does this painting work relate to the Party Wall Award? Were you painting the neighbour's side of the party wall?

Is the Party Wall Surveyor a legitimate professional and a member of a professional institution or just one of the many chancers from the internet? It strikes me that they are behaving rather unprofessionally so suspect the latter. Are they acting as Agreed Surveyor or are they just acting for you as the Building Owner?

Sorry teneighty for not getting back. The car has paint splashes on it, apparently when my external wall was being painted. It was on my side of the party wall. The PW surveyor claims to be part of professional institutes. He is the agreed surveyor for the whole job & they appointed the neighbours PW surveyor as she didnot appoint their own. HTH

cyclonebri1

jonnyb1978 wrote: »

The fact partywall surveyors dont have to be qualified surveyors says alot. They work in the interests of the wall not you. You and your neighbours could of appointed your own each or one acting jointly...for the wall so are impartial.

The fact your one got his colleague in for your neighbours instead of agreeing with you to act jointly again shows signs of a rippoff cowboy.

Or, you could both have been sensible, sorted it out between yourselves and saved £2k in the process.

Ok, that's the simplistic reply but it is the target for anyone that gets a party wall issue, (all forms are online to allow you to agree, and legally sign between yourselves, at NO cost)

cyclonebri1

shays_mum wrote: »

Sorry teneighty for not getting back. The car has paint splashes on it, apparently when my external wall was being painted. It was on my side of the party wall. The PW surveyor claims to be part of professional institutes. He is the agreed surveyor for the whole job & they appointed the neighbours PW surveyor as she didnot appoint their own. HTH

Sorry if I offend but you don't get it yet, this is nothing to do with the party wall act, it's simply an insurance issue, chill, please:cool::cool::cool:

shays_mum

cyclonebri1 wrote: »

Or, you could both have been sensible, sorted it out between yourselves and saved £2k in the process.

Ok, that's the simplistic reply but it is the target for anyone that gets a party wall issue, (all forms are online to allow you to agree, and legally sign between yourselves, at NO cost)

Well in an ideal world this would have been great. Fact was that the build was being disputed BEFORE pw was even in place. Give's you an idea of how well the idea of getting them to sign the form would have been
I was just trying to do things by the book, it seems like if it was not this, then it would have been maybe something else

shays_mum

cyclonebri1 wrote: »

Sorry if I offend but you don't get it yet, this is nothing to do with the party wall act, it's simply an insurance issue, chill, please:cool::cool::cool:

Lol, no not offended, just hot, so obviously my brain is frying as well!. i was actually replying back to teneighty as they were asking questions that i missed from yesterday.

Yes i get its an insurance job , i have a disability which tends to affect my cognitive processes, so i will get there, but just slower than others!, am def chilled now thanks to you all for the responses/reassurance!.