Claim No. D20CL027. On 27 November 2018, HHJ Bailey in the Technology and Construction List of the Central London County Court handed down Judgment in an instructive Party Wall Act Appeal that contained guidance on the mitigation of losses, and the duties of party wall surveyors. HHJ Bailey, who has heard over 100 Party Wall Act appeals, included a section in his Judgment entitled “The approach to their task of Party Wall Surveyors” setting out useful experience and examples of best and worst practice of surveyors appointed under Party Wall Act. The section is worth reading in full, but in summary he reminds practitioners of the following do’s and don’ts:

Do: Act Impartially and professionally;
Maintain the appropriate detachment required of an impartial tribunal including the need to maintain a proper level of detachment from owner and contractor;
Maintain care and thoughtfulness required of a professional surveyor engaged in the proper performance of the statutory dispute resolution role;
Make proper enquiry as to how quotations are arrived at before they can be properly used to form the basis of an award of compensation for the purposes of s7(2) of the Party Wall Act;
Consider what other contractors would charge to provide a genuine market price for relevant works;
Carry out such investigation as may be necessary to enable the Party Wall Surveyor to be confident that he has reached a proper decision on all the relevant material which is available;
Take statutory duties seriously;
Co-operate with other Party Wall Surveyors where appropriate and possible; and
Ensure that before publishing an award, the arguments have been considered, and proposals for works or costings duly tested.

Don’t:

Favour either owner over the other;
Behave as a mouthpiece for the appointing owner;
Bully or allow yourself to be bullied;
Ignore warnings relating to statutory duties; or
Allow yourself to be pressured by your appointing owner