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And the reasons are many and varied. Fault
may lie with the builder, the clients professional advisers, or the client
themselves. Indeed all of these parties may have contributed to the problem.
The first thing to establish
is what has gone wrong and what remedies may be available to
you.
We can help you
find the best way forward.
If we are to serve you best it is
essential that you are frank and honest with us and disclose
everything. Remember we are bound by the code of conduct of the
Royal Institution of Chartered Surveyors, so confidentiality is
ensured. Your aim should not be to convince us that you have been
wronged, convincing us will not get you closer to solving the
problem. Ultimately it may be a judge that you have to convince,
but at this early stage we should be looking at all of the facts
and the merits of both your case and that of the other parties. If
you do not disclose everything the advice we give may not be in
your best interests.
There are many ways of resolving
building disputes that do not involve going to court and these
alternatives are worth considering. Arbitration, Adjudication and
Mediation all offer advantages in terms of limiting costs and
ensuring speedy resolution. We can offer advice on these options
and whether they are open to you.
Ultimately you may need, or choose,
to litigate. If so we would normally advise you appoint a
solicitor to manage your case. As chartered surveys we can
approach counsel directly, but solicitors are expert at case
management. In this scenario we would act as expert witness
only.
The first thing a client should
understand about the duty of an expert is that he can be appointed
by one party to the dispute, or jointly by both parties. Whichever
it is the expert owes his prime duty not to those that have
appointed him, but to the court. He must provide his honest
opinion on those matters in which he has expertise, even if his
opinion does not support his clients case. Moreover, Chartered
Surveyors acting as experts are bound by the RICS Guidance not for
Surveyors Acting as Expert Witness which also insists that they
act honestly and impartially.
...but if you have a building
dispute it is best to talk to us to decide on the best way
forward.
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