The Duty is to settle any dispute on any matter connected with any work covered by the Act.
In assocation with this duty, and exceptionally, site inspections of work in progress and at completion might be necessary, as might be undertaking a conditon survey of affected adjoining buildings and property. This could happen if the work has started, or has been completed, without Notice; is complex; or the adjoining buildings and property have characteristics that are particularly sensitive.
The Party Wall Surveyor will advise the appropriate course of action.
Before the Appointment can be finalised, an estimate of fees should be obtained, and agreed.
The Letter should include an undertaking to pay fees, and for the PWS to take an assignment of an Appointing Owner’s right to recover fees, should costs be payable to the Appointing Owner.
- The Owners incur costs in resolving the dispute, and so have the sole right to receive payments from each other; if the Owner responsible for the costs doesn't pay, and a Surveyor cannot receive fees, then with an assignment the Surveyor can sue them directly, without the innocent Owner being involved.
A contract is not necessary if the appointment is only for the discharge of the duties under the Act.
Some surveyors, because it is customary, include services additional to the role of Party Wall Surveyor in their terms and conditions, and these are undertaken as agents of the appointing owners. For these services a professional contract will be necessary.
Note: It is not adviseable to add agency services to the appointment of a Party Wall Surveyor. As agents they have the authority to give consent to, or dissent from, any Notice, on behalf of the appointing owner. It introduces the possibility of a conflict of interest, and impartiality can be affected.
This could lead to an award being invalidated, and the process having to begin again.
Additional Services
These additional services are:-
-
dealing with all Notices generated under the Act:-
- (preparing, signing, issuing, receiving, responding);
-
making appointments as necessary:-
- this would include appointing specialist consultants to review proposals;
- undertaking a conditon survey of affected adjoining buildings and property;
- undertaking site inspections of work in progress and at completion.
If additional services are required, then the Party Wall Surveyor Appointment should be a separate document from the Additional Services Contract, and preferably with a different person.