Can we sack an 'agreed' party wall surveyor

vivster · 27 May 2015 at 2:05PM

In summary:

We're planning some kitchen refurbishments which involves taking out the chimney breast on the party wall.

Structural engineer has done drawings and calculations for the steel.

Notice served on neighbour in late March.

Neighbour wants a dispute 'to protect his interests' but happy to use an agreed surveyor.

I get quotes from three local firms, and choose the one the neighbour seems to favour the most. A big, London-wide firm with a branch office close to us.

They are appointed at the end of April. I hear nothing for three weeks, so chase them up last week.

They tell me they've drawn up the award, and will send out surveyor to record conditions of the neighbour's side of the party wall this week.

Neighbour informs me the surveyor is coming out on Tuesday.

Then this morning, I receive an email from the neighbour saying the guy never showed up, no messages were left, and no one got back to him when he called the office to inquire where the surveyor was.

Have sent another complaining email this morning, but not heard anything back yet (they seem to take at least 24 hrs to respond to emails - communication not really their strong suit).

They just don't seem very interested in the work, or in keeping us happy or telling us what is going on. Maybe this is because they are 'working for the wall', so it's not a usual client relationship. But the wall is not going to pay their fee, or wait at home to let them in.

There's lots of information out there about uncooperative building owners, but nothing about uncooperative surveyors, so not sure what to do.

I'd like to be able to sack them, and instruct another firm (neighbour would be happy to go along with this), but I've read that you can't sack a PW surveyor unless he deems himself unsuitable!

What a stupid law.

Any advice gratefully received.

littlerock · 27 May 2015 at 2:48PM

I think you may have got the wrong end of the stick. You have a contract with the firm and they have failed to honour it and not given you any reasonable explanation why not. I should think this trumps any cannot be sacked clause.

But why all the emails? Why not just phone them up and talk to them direct? I expect it's on someone's desk who is out of the office at present...

vivster · 27 May 2015 at 3:09PM

Thanks for your response.

I'm glad you think we can terminate the contract if they fail to deliver what we've asked, as that was my assumption. I don't see why it shouldn't be like a contract with any other service provider. I was just a bit thrown by 'you can't sack a PW surveyor', on a site written and maintained by PW surveyors, I might add.

I generally prefer email, but if we still are no farther forward by tomorrow, I'll give them a call.

Dan-Dan · 27 May 2015 at 3:48PM

I think your neighbour needs to `sack` them ?

martinsurrey · 27 May 2015 at 4:05PM

section 10 (3) of the party wall act 1996 is your friend.

http://www.legislation.gov.uk/ukpga/1996/40

If an agreed surveyor—
(a)refuses to act;
(b)neglects to act for a period of ten days beginning with the day on which either party serves a request on him;
(c)dies before the dispute is settled; or
(d)becomes or deems himself incapable of acting,the proceedings for settling such dispute shall begin de novo.

so if they don't act for 10 days after you request something you can sack them, but get it all in writing!)
(de novo, means starts a fresh, so you appoint a new surveyor)

vivster · 27 May 2015 at 4:19PM

Thanks, martin. That's really, really helpful.

They were instructed on April 30, and it's now almost the end of May and zip has happened as far as I can tell. I had expected the PW Award to be served within a couple of weeks of instruction, particularly as it is a straightforward case.

When you say 'get it all in writing', do you mean 'sack them in writing? Or something else?

srm1 · 27 May 2015 at 7:01PM

This is a very problematic area as the surveyor will say they can not be sacked. As previous post states if they neglect to act for 10 days after a written request they should decaire themself's as incapable.
This is the very worst thing about having an agreed surveyor. At least having two surveyors and of course the option of invoking the third surveyor can resolve the issues.

Might I suggest that you email the Faculty of party wall surveyors - they are extremely helpfull unlike RICS.

vivster · 27 May 2015 at 8:58PM

Thanks. I'd obviously rather not be in dispute at all, but my neighbour is within his rights, and now we just want someone to draw up the award promptly and with a basic level of courtesy and communication. I'm not really sure what's gone wrong here. It seems like really poor internal admin processes, or maybe they just don't see the case as high value enough.

Anyway, the surveyor did email at the end of the day, claiming he had tried to call on my neighbour at the appointed time but 'made a mistake' and was unable to contact him by phone. My neighbour and I are both sceptical about the credibility of this story, and even if true, it hardly reflects well on the surveyor's competence. Our street is not difficult to find.

I might ask the faculty for advice.

cddc · 27 May 2015 at 10:43PM

Though there are good party wall surveyors who do the job properly, charge fairly and act in a professional manner, there are a great many who treat it as a legalized racket and get away with doing so because the law is so badly drafted.

Expect this one to magically produce something he had not actually done at the time and backdate it to prove he had acted within the time frame and charge you over £100 per hour for doing so.

Timeshare salesmen and sewer rats have more morals than some party wall surveyors.

vivster · 4 June 2015 at 1:34PM

Just wanted to update the thread.

By the end of last week, the surveyor still hadn't rearranged a time to come out. We'd sent emails, but he hadn't responded. So we agreed at the weekend to dispense with his services and instruct someone else and wrote and co-signed a letter to that effect.

Sent it to him via email on Monday morning and cc'd his boss, which elicited a very prompt phone call from him.

His story for failing to attend my neighbour's property at the agreed time was that he went to the wrong house. First it was the wrong house on the right road, then a different road altogether. Hm. Apparently he was admitted by the resident of this wrong property and carried out his inspection and at no point suspected he was in the wrong place. Extraordinary.

He asked for a chance to finish the job, but my neighbour and I agreed that trust had broken down and we no longer felt he would act impartially (what if he'd done something spiteful or vindictive?), so that was that. New firm see much more on the ball, and are cheaper.

I just wanted to thank martinsurrey for highlighting the relevant part of the Act and srm1 who suggested I contact the Faculty. I emailed them the whole story, and was telephoned by the president who confirmed that the surveyor was not behaving terribly professionally and we were within our rights to use an alternative.

Can we sack an 'agreed' party wall surveyor

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