Faulkners Surveyors Lincoln

If you’re planning to undertake construction work on a shared boundary with your neighbour, you might need a party wall agreement.

It’s a legal document that outlines the responsibilities and rights of both parties involved in the construction process.

What to Do if a Contractor Breaches a Party Wall Award

If you’re an adjoining owner and building work is planned on a shared wall in Lincoln, a Party Wall Award can help protect your property rights. However, what happens if the contractor breaches the terms of the Party Wall Award? In this article, we’ll explore your options and what steps you can take to protect your property in Lincoln.

Understanding the Party Wall Award

A Party Wall Award is a legally binding document that sets out the rights and obligations of all parties involved in building work on a shared wall. The award is agreed upon by the appointed surveyors and includes details such as the scope of the work, the timetable for completion, and any compensation that may be owed to the adjoining owner in Lincoln for damage or disruption caused.

What Happens When a Contractor Breaches the Party Wall Award?

If a contractor breaches the terms of the Party Wall Award, there are several options available:

Inform the Building Owner

The first step is to inform the building owner in Lincoln that the contractor is not complying with the Party Wall Award. They may be able to resolve the issue by speaking with the contractor or appointing a new contractor.

Appoint a Third Surveyor

If the building owner is unable or unwilling to resolve the issue, the appointed Party Wall surveyors can appoint a third surveyor to act as an impartial adjudicator. The third surveyor can make a final decision on any disputes and their decision is binding on all parties.

Seek Legal Advice

If all else fails, you may need to seek legal advice. A solicitor can help you understand your rights and take the appropriate legal action to protect your property.

Protecting Your Property

If a contractor breaches the Party Wall Award, it’s important to take action quickly to protect your property. By understanding your rights and options, you can ensure that any damage or disruption caused by the breach is addressed promptly.

Advantages of Seeking Professional Advice

Seeking professional advice from a Party Wall surveyor or solicitor can help you in the following ways:

Understand your rights and obligations under the Party Wall etc. Act 1996
Protect your property rights and prevent damage or disruption to your property
Ensure that any proposed building work on a shared wall is carried out safely and with minimal disruption
Avoid costly legal battles by resolving disputes quickly and effectively

Conclusion

A Party Wall Award is a legally binding document that sets out the rights and obligations of all parties involved in building work on a shared wall. If a contractor breaches the terms of the award, there are several options available, including informing the building owner in Lincoln, appointing a third surveyor, and seeking legal advice. By taking action quickly and seeking professional advice, you can protect your property rights and ensure that any building work on a shared wall is carried out safely and with minimal disruption.