Why Employing a Qualified Building Surveyor is Essential for Specific Defects Reports and Expert Witness Reports

Spray foam insulation installed to the underside of a pitched roof.

When property issues arise, such as defects or disputes over workmanship, employing a qualified building surveyor to undertake a specific defects report or an expert witness report can be a game-changer. Not only does it bring credibility and authority to a client’s case, but it can also prevent costly delays and disputes, saving both time and money.

At RMA Surveyors, we have seen first-hand the benefits that a professionally prepared report can bring to our clients. Our recent instructions to assess defective workmanship in a domestic extension and investigate a leaking conservatory roof demonstrate how expert insight can quickly resolve disputes in favour of our clients, often without the need for prolonged legal battles.

The Importance of Professional Expertise

Qualified Chartered Building Surveyors are governed by the Royal Institution of Chartered Surveyors (RICS), the leading body in the property and construction industry. This governing authority ensures that surveyors follow strict protocols, including established standards and ethical guidelines. A building surveyor’s report carries significant weight in legal and property-related matters because of their training, experience, and adherence to RICS protocols.

A report prepared by a RICS-qualified surveyor cannot be easily dismissed. To challenge it, an opposing party would need to present an equally qualified or more experienced surveyor, whose report would need to be of a comparable or higher standard. This high threshold makes it less likely that unqualified or inexperienced individuals can successfully dispute a professional report, significantly strengthening the client’s case.

How Expert Reports Prevent Arguments and Save Time

A defective lead flat roof.

In property disputes, a lack of clarity can often lead to drawn-out arguments, escalating costs, and wasted time. A well-prepared specific defects report can cut through the confusion and provide a clear, authoritative assessment of the issues at hand. Whether it’s defective workmanship, material failures, or general construction defects, the detailed analysis presented by a chartered surveyor can often prevent disagreements from spiralling into protracted legal battles.

A professional surveyor’s report will outline the problem, the potential cause, and the remedial actions required, offering a pathway towards resolution. In many cases, this report will lead to a swift settlement, as the detailed evidence provided makes it difficult for the other party to continue to dispute the claim without substantial evidence of their own.

For example, RMA Surveyors was recently instructed to investigate a leaking conservatory roof for a client facing ongoing water ingress issues. After a thorough inspection, we provided a comprehensive report that identified the defects in the roofing materials and the workmanship involved in the original construction. Armed with our report, the client was able to swiftly reach a settlement with the contractor, who could not dispute the clear evidence provided by an RICS-accredited professional.

In another recent instruction, we were asked to assess defective workmanship in a domestic extension, where issues such as poor brickwork and inadequate waterproofing were causing significant problems for the homeowner. Our report highlighted the specific failings in both the design and construction processes, giving the client a robust foundation to negotiate a settlement. The contractor in this case quickly agreed to rectification works, avoiding a potentially lengthy and costly court case.

Why Choose RMA Surveyors?

An aeriel view of a flat roof

RMA Surveyors is a team of fully qualified Chartered Building Surveyors with extensive experience in both specific defects reports and expert witness services. We are proud to provide clients with the highest standard of service, underpinned by our strict adherence to RICS standards.

Our expert reports bring the authority needed to support your case, whether it’s for a construction defect, poor workmanship, or any property-related dispute. Employing a professional surveyor not only gives you peace of mind but also places you in the best possible position to resolve your issues quickly and cost-effectively.

When disputes do arise, the professional standing of a chartered surveyor’s report can prevent unnecessary arguments, keeping the focus on solving the problem at hand rather than getting bogged down in drawn-out legal conflicts.

Key Benefits of a Chartered Building Surveyor’s Report:

  • Credibility and Authority: A professionally prepared report carries significant weight in any legal or dispute resolution process, making it harder for others to contest.
  • Adherence to RICS Protocols: Surveyors must comply with RICS protocols, ensuring accuracy, reliability, and professionalism.
  • Prevents Arguments: A well-prepared defects or expert witness report can clarify issues, preventing disagreements from escalating into legal disputes.
  • Saves Time and Money: By offering a clear, professional opinion, disputes can often be resolved more quickly, avoiding lengthy and costly court proceedings.
  • Legal and Industry Respect: In most cases, the only way to rebut a surveyor’s report is through a similar report from an equally or more qualified professional, setting a high bar for any opposition.

Conclusion

Instructing a qualified Chartered Building Surveyor to undertake a specific defects report or expert witness report is an investment in both the short and long-term outcomes of any property-related dispute. Not only does it lend weight and credibility to your case, but it also helps prevent arguments, save time, and significantly reduce the potential for costly legal proceedings. At RMA Surveyors, we are committed to providing our clients with the highest standards of professional service, helping you achieve swift and fair resolutions to your property issues.

To discuss how we can assist with your property-related needs, contact RMA Surveyors today. Let our professional expertise work to your advantage.

Defect Specific Reports

Specific DefectsIn addition to property surveys, RMA Surveyors Ltd undertake Defect Specific Reports. Each written report provides a clear, comprehensive and professional opinion regarding a particular problem (or ‘defect’) within a building.

In recent months, RMA Surveyors Ltd have visited a property in Thatcham to inspect a sagging roof, a site in Didcot to investigate cracking and building movement and a property in Hungerford to assess a damp issue.

Defect specific investigations and reports encapsulate the specific materials, construction and associated issues surrounding a specific building defect. Reports can be provided in a formal written report or in a letter or email format depending on the client’s requirements.

Specification for reinstatement and an estimate for repair costs can also be included.

If you have a concern regarding your property, get in touch for advice. Call us on 01635 579208 or complete the enquiry form.

As chartered surveyors, RMA Surveyors Ltd are members of and are regulated by the governing body RICS (Royal Institution of Chartered Surveyors). As such, any client can be guaranteed a high professional standard of inspection and report.

5 Steps to Flood Reinstatement

RICS Guide to floodingThe Royal Institution of Chartered Surveyors has issued helpful advice in the wake of the recent flooding throughout the UK. A copy of which can be downloaded here.

Unfortunately, for many, the flood waters have far from receded. Reports of more rain this week, and the potential for rivers to rise further, is unwelcome news. Once flood waters do eventually dissipate the process of reinstatement can be a long one.

Many people have been affected and are asking themselves, “How do we get back to normal?”

These five steps chart the process back to normality.

STEP 1 – THE LOSS ADJUSTER

If your building is insured against flood damage and you have been seriously affected, you will usually have a loss adjuster appointed who will deal with your claim on behalf of your insurance company. They are the main point of contact in regards to the claim, and will make the decisions as to what can and can’t be allowed under the policy. A loss adjuster should undertake an initial visit between three and five days from receiving notification of a claim. This may be longer in peak levels, such as now.

STEP 2 – THE PROJECT MANAGER/SURVEYOR

In claims where the cost of reinstatement to your property is likely to be expensive, a project manager with specialist building knowledge is often appointed. The project manager is usually a surveyor, and both terms are used interchangeably. It is their role to specify the extent of the necessary remedial works, send the specification to different contractors to get the best price (often referred to as a competitive tender), appoint the contractor and oversee works through to completion. They will liaise with both you and the loss adjuster at all critical stages of the building reinstatement process.

IT’S YOUR PROPERTY – IT’S YOUR CHOICE

Some loss adjuster companies often seek to appoint their own in-house surveyors to project manage. The loss adjuster’s fee is usually set very low; profits are therefore generated through their in-house surveyor’s fees. Their in-house surveyors will only ask ‘approved’ building contractors to quote for the work. The building contractors sometimes pay these large loss adjusting companies a percentage fee for each project they successfully procure, in order to remain on the ‘approved’ list.

Because of this, we have found some loss adjusters from some large loss adjusting firms can be obstinate in approving the appointment of anyone other than their in-house surveyors. When an independent surveyor becomes involved, the loss adjuster’s company does not generate any additional fees. It is very important to know that you are free to appoint your own independent Chartered Building Surveyor to act on your behalf. You are in no way obliged to use a surveyor appointed to you by your loss adjuster. It is your property and you decide who works on your behalf.

Some in-house surveyors working for some large loss adjusting firms are overworked, juggling over forty projects at any one time, and over seventy projects in peak crisis periods; whilst covering a wide geographical area. These in-house teams are often not regulated by a professional body such as the RICS.
Flood waters in residential Berkshire

STEP 3 – ASSESSING THE DAMAGE & INITIAL RESTORATION

Flood waters can contain sewage, waste and the accompanying bacteria and disease. At the same time as appointing a surveyor your loss adjuster should appoint a restoration company to assist in the initial clean up. They will remove all soft furnishings and flood damaged contents and take an inventory of flood damaged items. These items will be covered under your contents insurance and will be treated as a separate claim from your buildings insurance. The restoration company should also install fans, dehumidifiers and heaters to assist the drying of your property.

As well as the obvious water damage to the visible elements of a property, unseen damage may also have occurred. For example, all service installations should be thoroughly checked and any voids, such as those in timber stud partitions should be exposed, to allow these areas to thoroughly dry out. Damage can also occur to other elements of the property while the property is drying out, due to the high humidity levels and differential rates of drying to timber elements, caused by dehumidifiers. Plaster often needs to be removed from walls, where it has been contaminated with bacteria, soluble minerals and salts in the ground water. A building contractor is also frequently appointed at this early stage, to strip out such items as plasterboard, kitchen units and other elements to assist the drying of the structure.

This stage can take anything between two weeks to over two months, depending on the extent of damage and the approach to drying adopted. The restoration contractor will return frequently to monitor drying and empty dehumidifiers. They will provide regular updates to your surveyor and loss adjuster.

STEP 4 – SPECIFICATION & TENDER PERIOD

While the property dries out, the surveyor will provide a schedule of works detailing the extent of the reinstatement required. They will provide a cost estimate of works to the loss adjuster. This can take a week to ten days. The schedule of works will then be issued to a few different building contractors. A two to four week period is usually required for the contractors to return a price (or tender) for works.

Once tender returns are received the surveyor will report back to the loss adjuster, making a recommendation as to which building contractor should be appointed. When the loss adjuster has agreed the costs the project manager will then appoint the building contractor on your behalf.

STEP 5 – THE CONTRACT PERIOD

You may already be in temporary alternative accommodation or need to move out of your property whilst repairs are in progress, which will be a matter of negotiation with the loss adjuster.

There is usually a mobilisation period of around four weeks from appointing the building contractor, allowing the contractor to plan resources and labour. Reinstatement works can then begin. This can take anywhere between six to eight weeks on a typical domestic claim.

The whole process can take much longer where the building is larger or more complex. For example if a building is listed, approvals will be required from the local authority, which can take eight weeks from the date the application is processed.

THE SURVEYOR’S ROLE

The surveyor will oversee the contract. Providing valuations, issuing instructions, certifying works as they proceed and agreeing works are completed satisfactorily. The surveyor will report back to the loss adjuster at key stages agreeing interim payments be made to the contractor.

The work should be undertaken under the framework of a formal building contract, such as the JCT minor works form of contract. A contract defines the duties of you (the client), the contractor and the surveyor.

The reinstatement process can be long and involved. Many factors can come into play that delay or frustrate the process, particularly where there are so many claims being processed concurrently. In our experience it is better to have an experienced Chartered Building Surveyor appointed to steer you through this lengthy and sometimes frustrating process. If you need the assistance of a qualified and experienced Chartered Building Surveyor please call on 01635 579 208 or contact us via our contact page.