Party Wall Awards
We find that, as part of our practice involving Property Acquisitions and Construction Law, we are called upon to advise and act on behalf of our Clients in relation to Party Wall matters.
While many Party Wall Awards are without occasion or instance, when a dispute does arise as to the negotiation or operation of the award there can be serious financial consequences. In fact where an award itself is subject to an appeal we find that Parties have not taken the correct procedural steps or in any event will not understand the procedure.
At Silver Shemmings LLP we retain a resource that meets the needs through our in-house Engineering, Property and Litigation expertise.
Many of the issues that are generated by party wall matters can be occasioned by complex and varying issues and the issues to be addressed.
We undertake regularly and receive instructions on the setting up of escrow agreements and review of the insurance provisions required. Where defects become apparent or there is resulting damage it may require a forensic enquiry to establish loss arising from a breach but, in many instances, most law firms will not be equipped with such a resource.
This may become even more true when damage is either physical through operation or indeed through the mechanics of the structure itself and this can include a geotechnical appraisal to demonstrate our Clients position. Recently we have acted successfully on both sides, having employed a forensic appraisal of engineering principles coupled with our established law practice.
We retain an in -house resource, including those who have worked for Developers and Contractors for over 12 years in the practical application of Party Wall Awards and consider ourselves to apply a very practicable solution.
We advise on the following:
- Procedure of Party Wall Award Process
- Review of works to be undertaken
- Review of methods to be employed including appraisal of reports generated
- Insurances and Escrow Agreements
- Appeals of Party Wall Awards