THIRD SURVEYOR
What happens if I disagree with what my surveyor is insisting upon?
It is taking too long — what can be done to break the deadlock?
When the parties (building owner and adjoining owner) appoint their respective surveyors under Section 10 (1) of the Act the two appointed surveyors must forthwith agree upon and select a Third Surveyor. The parties should be notified of this selection.
The third surveyor is then available to ‘arbitrate’ and referee in disputes that may arise between the parties or their appointed surveyors and has authority under Section 10(11) to determine matters in dispute and make an Award. This can bring about a resolution where the 2 surveyors fail to agree.
The services of a third surveyor come with cost implications and often, but not always, costs will follow the event. (An award of costs will generally flow with the result of the determination i.e. the successful party often being fully or partially entitled to costs against the unsuccessful party). Some third surveyors insist upon a formal referral whilst others may try to assist informally at first. The 3rd surveyor, unlike the other surveyors, is entitled to expect payment before the Award is released/served.
Bruce Forrester is a well known third surveyor and has satisfactorily resolved many disputes without the need for solicitors, barristers and the Courts. However, some matters have had to be determined by the Courts and Bruce Forrester is able to advise as an Expert where required.