Party Wall Agreement Not Followed

If you start working without notice or if the notification is not valid due to false/insufficient information, the adjacent owner can apply to the court for an injunction. Injunctions can be taken quickly and immediately stop work to the party wall, etc. The process of action is followed (appointment of experts, etc.). Ignoring an injunction could be a misdemeanor. 15. Experience has shown that, in several cases, the application of Section 10, paragraph 4, has been reduced to damage that has already been caused during repair work which, for any reason, has not been notified or followed by law. If the adjacent owner`s property is damaged and the building owner does not adequately address the problem, has an argument broken out? It is almost certain that yes, and this meets the first criteria of section 10, paragraph 1, is the second criterion that the dispute “concerns all matters relating to each work to which this law relates? If both questions are affirmative, both ingredients are available for the appointment of evaluators. The next step in meeting the requirements of Section 10, paragraph 1, is for each party to appoint a surveyor or accept the designation of an approved surveyor. Since the adjacent owner has designated a surveying business (my task on several occasions), the owner is invited to designate a surveying company in accordance with section 10, paragraph 4, point b). In cases where the contractor has failed or refused to appoint a surveyor, one has been designated on his behalf.

This process has been successfully followed several times, culminating in a price for addressing the contentious issues, although due to the lack of cooperation and tenacity of the contractor, an experience costly for him, but still much less costly than the path of litigation. To date, only one award I have participated in has been challenged and is currently underway at County Court (London TCC), but what began as a prize request by the two nominated reviewers has now become a calling for the third Surveyor`s Award.

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