Dispute over Defects and Snagging

eddddy

CSI_Yorkshire said:

If the judge acts like that, without any other considerations, then they are particularly poor at their role.

The judge will consider all the evidence put in front of them.

But as I say, the judge is likely to know absolutely nothing about buildings, construction defects etc. - so they will naturally be influenced more by statements by the more  qualified, more trained, more experienced surveyor. Wouldn't you be the same?

CSI_Yorkshire said:

...taking more notice of the former simply due to the accreditation would be irresponsible on the judge's part.

Accreditation results from being highly qualified, highly trained, and highly experienced.

So you could say that "RICS accredited expert witness surveyor" is shorthand for saying "highly qualified, highly trained, and highly experienced surveyor".

Just like barristers become judges because they are "highly qualified, highly trained, and highly experienced lawyers".  It's a similar concept.

CSI_Yorkshire

eddddy said:

CSI_Yorkshire said:

If the judge acts like that, without any other considerations, then they are particularly poor at their role.

The judge will consider all the evidence put in front of them.

But as I say, the judge is likely to know absolutely nothing about buildings, construction defects etc. - so they will naturally be influenced more by statements by the more  qualified, more trained, more experienced surveyor. Wouldn't you be the same?

CSI_Yorkshire said:

...taking more notice of the former simply due to the accreditation would be irresponsible on the judge's part.

Accreditation results from being highly qualified, highly trained, and highly experienced.

So you could say that "RICS accredited expert witness surveyor" is shorthand for saying "highly qualified, highly trained, and highly experienced surveyor".

Just like barristers become judges because they are "highly qualified, highly trained, and highly experienced lawyers".  It's a similar concept.

Accreditation results from filling in some paperwork.  It doesn't make you any more highly qualified, highly trained, or highly experienced that you were the moment before you filled in the paperwork.

RICS accreditation might help a layperson decide whether the surveyor they were thinking of using was appropriate, as it can represent the qualities you state, but a judge should really know better than that.

babyblade41

I would go the surveyor route first then depending on what this unfolds and their expertise a litigation solicitor 

TripleH

Apologies for delayed response as we have been away.

We are just awaiting the surveyor report into whatcthey class as the defects on the property.

Issues we have had include:

Floor tiles lifting and coming loose in kitchen and 2 bathrooms (timber frame house with no matting under the tiles) and broken floor tiles when we moved in.

One bathroom has used grout to hide that the floor level was not correct (water pooled rather than floats to drain)

Outside lights have never worked properly

Electrical socket doesn't work in kitchen

[Deleted User]

Some serious faults that need resolving. A letter before action might work.

eddddy

TripleH said:

We are just awaiting the surveyor report into whatcthey class as the defects on the property.

If you mean the developer's surveyor's report, it will be interesting to read their report - but as I mentioned, they are working for the developer, so they will be looking after the developer's interests (not yours).

You should consider getter a report from your own surveyor as well, as your surveyor will be looking after your interests (not the developer's).

And if you really think this might end up in court - consider getting an RICS Accredited Expert Witness Surveyor.

ThisIsWeird

TripleH said:

Apologies for delayed response as we have been away.

We are just awaiting the surveyor report into whatcthey class as the defects on the property.

Issues we have had include:

Floor tiles lifting and coming loose in kitchen and 2 bathrooms (timber frame house with no matting under the tiles) and broken floor tiles when we moved in.

One bathroom has used grout to hide that the floor level was not correct (water pooled rather than floats to drain)

Outside lights have never worked properly

Electrical socket doesn't work in kitchene easily resolved by going the '

Thanks, TH.
Ok, these are all pretty indisputable issues! I can't  imagine what the developer is playing at. 
Lawdie, do you really need an expert surveyor to state, "Yup, that tile's broken, all right..."?
I wonder if this can be more easily resolved by going the, 'three quotes to make it all good, and letter-before-action' route? With an ultimate view to Small claims if they don't.
But, I don't know.