Ongoing Party wall misuse/abuse

This follows my LAST  blog having thought things could not get more bizarre this gentleman outshines himself.

The BOS having taken a unilateral decision that the Act does not apply because his notices are void (his words) and therefore the party wall surveyor’s jurisdiction ends, is fundamentally wrong.

When asked to explain why the notices are void there was silence.

In circumstances where a BOS serves an invalid notice, or the BO decides not to progress with the works, the surveyors jurisdiction remains to allow them to resolve any outstanding issues arising out of the service of the notice, for example, the surveyors fees or as in this case damage caused to the AO by the BO’s works which started post (after) the service of notice and creation of the tribunal of surveyors.

This is a concept that surveyors do not seem to understand and this flows from section 10(12) and (13).  Then about 7 days after the BO had claimed that the notices were void he served fresh notices and this is where it becomes even more bizarre because the fresh notices are exactly the same as the original notices.  The only difference being the date.

The drawings attached to the notices are the same as the drawings attached to the original notices.

Really!!! If the first notices are void then surely the second set of notices would be void or perhaps that is just too simplistic an assessment for this gentleman to understand.

Quite astonishingly he served the notices on the AO despite the fact that the AO’s surveyor (myself) letter of appointment states that I am authorised to receive all future notices but interestingly, copies them to my office manager (not me) by email.

In the email to the AO, the BOS asks the AO to kindly appoint me as an agreed surveyor, if not would you appoint someone else. 

This is an RICS member and a member of the Faculty of Party Wall Surveyors both organisations that promote themselves as having very high standards of training and experience and knowledge in the Act.

Astonishing!!!!!!!!!!!!!!!!!!!!!!!!!!!!!