Party wall tips - what could possibly go wrong

srm1

I see that my last post was in 2011 and unbelievably the party wall issue continues and has now cost me a fortune.
I am the adjoining owner and have suffered considerable damage to my property by my neighbours building work. I requested a party wall award in 2009 which was built in breach of within 21 days. Neighbour decides not to pay for the award and the agreed surveyor refuses to act further due to non payment.

I guess that you can see where this is going... to court of course.
In 2012 proceedings were issued - neighbours insurance company finally pay the surveyor to continue. I was so dissatisfied with his service that an expert witness structual engineer was appointed by the court. in 2013.

It transpires that the works in breach of the award are in trespass, structually defective, and do not comply with building regulations.

To keep my post short, last year there was a court direction to allow neighbour to have a new party wall award produced to permit the demolition and rebuilding of this defective structure.

So now, a year on, no award has been prepared, my decorations remain damaged for 6 years and I now watch water run down my bedroom wall when there is a storm.

Some tips for anyone having building work conducted by your neighbour:
1. Ensure that your property is covered by accidental damage insurance & also have full legal protection insurance in place.
2. Record any conversation with surveyors using a dictaphone.
3. If you feel the surveyor has made bad errors, seek a second opinion and ensure that this is information is copied to a witness.
[This culminated in the insurance company groomed surveyor finally declairing himself as incapable and resigning his role as agreed surveyor]
4. Expect the worst while progressing a claim for damage through neighbours insurance company - you will not be dissapointed at the tricks their solicitors try.

I hope that this might be helpful and expect many people experience this type of neighbour problem.
I, for one have no idea when this issue will be resolved and know for a fact that I will never be able to recover full legal costs for this errant building work that is structually defective.

srm1

Appologies for boring you further, but I really must list some of the unbelievable attempts made by the solicitor acting for Lloyds TSB insurance.
Thier actions have been truely dreadfull and far from trying to resolve matters, they have gone to great effort in trying to conceal what had taken place.

1. D is for delay - unbelievable delays in trying to progress anything. It is now 3 1/2 years in the court system.
2. This solicitor actually had the ordacity to apply to the court that I pay for the fees owed by my neighbour for the original party wall award. They also tried to claim for thier barrister fees at hearing. Fortunately the Judge laughed this nonsense out of court. Lloyds TSB insurance - shame on you!
3. Far from supplying a structual engineer, they used another loss adjustor to assess the damage. He was so wrong in what he did and his observations have just compounded this issue. Sure I have had numerous complaints for trying to request a copy of the report. Obviously the observations of Davies group have bordered on negligent.
4. C is for complaints. Complaints for me speaking to the party wall surveyor - dozy solicitor as this part is a civil matter, complaints again for me speaking with the expert witness to try to make my property water tight. OK, I was not allowed to speak with him, but this did move matters allong. Infact complaints about just about everything, if only this stupid person had put as much effort into trying to resolve matters than complaining, the world would be a better place.
5. U is for unbelievable. Just over a year ago, Neighbours solicitor threw all of her toys from the pram and declaired that all of the strutural defects were my problem and I must resolve them. She must have been on some sort of medication or certainly required some as this was a truely offensive way and last ditch attempt to protect Lloyds TSB. She had no concept that this entire structure would require demolishing and rebuilding.

So if you are experiencing this type of problem, you are not alone and there is little wonder why everyones home insurance costs goes up each year.

More to follow when proceedings have been concluded, but I have no idea when this will be.

srm1

One of the more delightful methods used by Lloyds TSB was to simply ignore all correspondence - exactly the same method used by thier loss adjustors. They have a very large bill to pay now, however this has inconvenienced me for over 6 years and my neighbour still has to demolish his defective building works that do not comply with building reg's.

srm1

Ah!,
A new way of delaying matters has recently cropped up.
While my neighbour didn't comply with the original party wall award and failed to pay for it. He has now decided not to pay for the new party wall award that covers the demolition, removal of trespass & structual defects and the remedial works to make the structure comply with building regulations.
I don't think this idiot realises just how close to trial these matters are now.

robatwork

Let us know how you get on at trial.
1moreroom your sig will have to be altered - I don't give a monkeys but it's against the rules to tout.