We also have a short informative video on this case!
Evans v Paterson 2021, provides all important key commentary on how party wall surveyors have to handle disputes and communication, with their appointing owners.
The case arose when an adjoining owner suffered damage to their property, as a result of a building owner’s works.
In regularising the damage claim, the party wall surveyors agreed a party wall award which reimbursed the adjoining owner, for the costs of the property damage. They also awarded their fees for handling the damage claim against the building owner.
Upon receipt of this, the building owner appealed the award via the court, on the grounds that they had not been made aware of the damage claim.
The judge validated the appeal, as the adjoining owner and the surveyors, had not informed the building owner of the claim, nor the dispute.
This meant that the building owner hadn’t been given the opportunity to resolve this directly with the adjoining owner and avoid the expense of surveyor fees.
This case sets a clear benchmark, that party wall surveyors can only resolve matters that are in dispute amongst the owners.
It also cements the requirement, for surveyors to keep their appointing owners well abreast of matters, throughout the procedures.
