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ChatterBank1 min ago
Legal issue: Party Wall Agreement
Does any legal eagle here know - if a neighbour I have a PWA with refuses to allow me access to put right the minor damage caused to their property by our building works and they are constantly being unco-operative and obstructive - when and how can I legally walk away from my legal obligation to carry out the minor repairs?
At what point does the Party Wall Award become null and void when one party is attempting to put things right and the other party will not allow them to?
Thanks!
At what point does the Party Wall Award become null and void when one party is attempting to put things right and the other party will not allow them to?
Thanks!
Answers
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I know I know.. its a ridiculous situtation!!! They are very old (no dont feel sorry for them!!) and HE seems to like to be in control (bit of a bully I think) and so everytime I try to instigate a meeting or try to arrange a decorator to quote they put obstructions in my way.
I paid for an Engineers report on their house to get a full breakdown of all defects and they are now disputing that!!! and want the entire house re-decorated for a few tiny tiny cracks!!!!
My thing is - if they are not rational or reasonable... at what point can I stick my fingers up and say .. HEY I TRIED MY BEST!!!!
I paid for an Engineers report on their house to get a full breakdown of all defects and they are now disputing that!!! and want the entire house re-decorated for a few tiny tiny cracks!!!!
My thing is - if they are not rational or reasonable... at what point can I stick my fingers up and say .. HEY I TRIED MY BEST!!!!
As you probably know, Nosha, there is a Dispute Resolutions Procedure defined as part of the Act. Its primary purpose is when a neighbour won't cooperate in the first place - not towards the end of the job.
The way it works is that an 'Agreed Surveyor' gets appointed who assesses the job and defines what should be done. You, as the guy wanting the job done has to pick up the tab for this, but the individual must be an independent professional.
Whether you can now claim the Engineer you commissioned was the 'Agreed Surveyor' I don't know, but I would be inclined to go down that route. That would imply writing to the neighbour stating that you have an a 'Surveyor' assess the situation and with recommended works, and that is your position on the matter. Then do nothing.
Otherwise you are going to have to get involved in more costs of Surveyors - perhaps one appointed to them - all at your tab cost, for a few cracks that might cost a day's worth of decorator time to put right
The way it works is that an 'Agreed Surveyor' gets appointed who assesses the job and defines what should be done. You, as the guy wanting the job done has to pick up the tab for this, but the individual must be an independent professional.
Whether you can now claim the Engineer you commissioned was the 'Agreed Surveyor' I don't know, but I would be inclined to go down that route. That would imply writing to the neighbour stating that you have an a 'Surveyor' assess the situation and with recommended works, and that is your position on the matter. Then do nothing.
Otherwise you are going to have to get involved in more costs of Surveyors - perhaps one appointed to them - all at your tab cost, for a few cracks that might cost a day's worth of decorator time to put right
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