Why pay for a construction professional?

Judges gavel and the scales of justiceWe have picked up several projects in the last 6 months where the clients have had builders start or about to begin works with no formal contract, specification, scope of works or even a sketch on the back of a beer mat. As building professionals we see these as shocking omissions. We implore anyone thinking of embarking upon a building project, whether it is a refurbishment, extension, alteration, repair or cyclical maintenance, to only do so if they have taken appropriate professional advice.

Invariably construction is expensive. People want to limit costs as much as possible. Often the services of construction professionals are first to be omitted, in a bid to shave some of this cost. True, in the first instance money has been saved. The fees of surveyors, architects and structural engineers have been avoided. But the saving often doesn’t remain as the project spirals out of control without formal professional management. Worst case scenario the building owner ends up paying for professional fees to put it right or act as an expert witness in court.

Often a good contract administrator or project manager’s value cannot be immediately seen. But a project that has benefitted from the process of feasibility, design, specification, tendering, contractor appointment, management and communication by a qualified professional adds value to a project. Using a professional to steer you through the process will save you money.

A good proportion of RMA Surveyors Ltd instructions are generated by clients who wished they had sought professional advice in the first instance. We have seen sewer pipes terminate below ground floors, all manner of poor masonry detailing and poor mortar specifications, non-compliant roof conversions, unsupported chimney breasts, undersized lintels, dangerous electrics and all manner of other defects. Often work has not been passed by building control and there is no formal contract in place to protect the client.

Many problems encountered are not even considered at the time of installation, but would have been picked up by an experienced professional. Even if a problem is not noted during or immediately after construction the chances are the problem will manifest itself in years to come. Most likely when the property is sold and a purchaser’s surveyor highlights defects or shortcomings. Inevitably the value of the property is reduced at the point of sale.

Coupled with the above, a project that has not been properly specified will undoubtedly result in spiralling costs during construction. We often hear of clients whose builder invoices an inflated final account where no agreement has been made for the extra costs. But with no formal contract or defined contract sum the client is often bamboozled by the contractors’ technical explanations when trying to negotiate. The result is that both parties become entrenched.

A construction professional may not always seem appropriate and can be a cost to be avoided. But RMA Surveyors Ltd experience is although the value we bring cannot always be calculated; the cost of putting it right when it goes wrong cannot either.

If you have a project you would like to talk about please contact us.

Expert Solutions to Avoid Party Wall Act Missteps

These arguing neighbours could have avoided Party Wall Act missteps by clearer communication.

Navigating the Party Wall etc. Act 1996 to avoid Party Wall Act missteps can be complex, and misunderstandings often lead to disputes between neighbours. This legislation is designed to facilitate construction work affecting shared walls or boundaries while protecting the interests of both property owners. However, common pitfalls can cause unnecessary conflicts. Understanding these issues and how to avoid them is crucial for a smooth construction process.

Misinterpretation of the Act’s Purpose

A prevalent misconception is that the Party Wall Act serves as a tool to halt neighboring construction projects. In reality, the Act empowers property owners to undertake specific works on party walls or structures, provided they adhere to the established procedures. It’s not intended as a means to obstruct lawful construction but to ensure that such activities are conducted considerately and with due notice.

Importance of Early Communication to prevent Party Wall Act missteps

Many disputes arise from a lack of early communication. Neighbours often first learn of impending construction when work commences or upon receiving a planning notice. This surprise can lead to resistance and attempts to use the Act to stop the work. Proactively discussing plans with adjoining owners before initiating work fosters goodwill and can prevent misunderstandings.

Role of the Party Wall Surveyor

Appointing a Party Wall Surveyor is a key step in the process. It’s essential to understand that once appointed, the surveyor acts impartially, focusing on the integrity of the party wall rather than representing the appointing party’s interests. This neutrality ensures that the Party Wall Award—a document outlining the rights to execute work and the conditions for such work—is fair and legally sound. Challenging the terms of an award can only be done through the county court, underscoring the importance of the surveyor’s impartiality.

Consequences of Non-Compliance

Failing to serve proper notices or neglecting to secure a Party Wall Award can lead to significant issues. Without an award, any damage to the adjoining property may result in costly legal disputes. The expenses associated with surveyor fees are minimal compared to potential legal costs arising from non-compliance.

Best Practices for Building Owners to avoid Party Wall Act missteps

  • Initiate Dialogue Early: Engage with your neighbors about your construction plans well before work begins. Explain the scope and purpose of the project to build trust and transparency.
  • Issue Timely Notices: Serve the appropriate Party Wall Notices in advance, allowing neighbors sufficient time to respond and participate in the process.
  • Conduct a Schedule of Condition: Even if no disputes are anticipated, documenting the existing condition of adjoining properties provides a reference point should any issues arise during construction.

By adhering to these practices, building owners can minimize disputes and maintain positive relationships with their neighbours. Remember, after the construction dust settles, fostering good neighbourly relations is invaluable.

For expert advice on party wall matters, contact RMA Surveyors. We offer initial free consultations to assess your requirements and guide you through the process.

Further Reading:

These resources provide comprehensive insights into the Party Wall Act and its application.