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Surveyor out of contact - my rights?

3 replies

Soitchyscratchy · 20/08/2014 10:33

I am the midst of a loft conversion. We engaged/hired a surveyor to deal with the Party Wall agreement (recommended to us by one of our neighbours). The work on the loft is progressing at lightening speed but without the Party wall being signed off, work will have to stop very soon.
It's transpired that our surveyor has done nothing for the last month, despite being chased by our other neighbours surveyor and us emailing him and leaving messages on his mobile countless times.
My question is (and I don't have a copy of the contract/agreement that we signed with him), as he has proven to be negligent and clearly not acting as he should be, how can I go about ending our agreement with him ? We think he is out of the country and as he is not responding to any contact we have made with him, I would of thought we have the right to do so - however, I don't want to engage with a new surveyor and ending up having to pay for both. I have heard that we can request him to stand down, but if he doesn't respond to the request, does it still stand?

Can anyone advise me of my rights in this situation or suggest who I can talk to to understand where I can go from here?

OP posts:
Cucumberscarecrow · 20/08/2014 10:39

Is he a chartered surveyor? If so, I expect that the Royal Institute of Chartered Surveyors has a helpline.

FWIW, I suspect he would struggle to enforce a contract for payment against you if he has not fulfilled his side of the bargain and you have been forced to engage a new surveyor by reason of his negligence. Keep evidence of your calls, texts, emails to him.

Good luck!

NigelMolesworth · 20/08/2014 10:49

Agree with Cucumber. Contact the RICS.

Soitchyscratchy · 20/08/2014 13:54

Thanks for the replies - really appreciated. Am on it !

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