I was recently asked by the Building Owner to assist in a matter where their surveyor had died. Apparently he was a really nice guy.
I requested all the current documents to be emailed to me and I duly received two awards. I had been informed that the surveyor had been paid in excess of £2k.
The works consisted of a single storey rear extension and a loft conversion.
The 'Award' announced the surveyor as 'agreed surveyor' appointed to act on behalf of all parties. It then goes on '.... the surveyor so appointed has selected Mr ........ to act as an 'independent' surveyor in accordance with the Act..... and if the two surveyors are unable to agree; a 'Third Surveyor' will be selected in accordance with section 10(8) of the Act.' This is totally wrong, he has tried to create an agreed surveyor award from a two surveyor award.
The 'Award' referred to Sections 1, 3 (2.2) & 6. It referred to the notices which had been verbally served by the Building Owner. No drawings were handed over.
The works referred to, only related to the rear extension, no mention of the loft conversion.
'In witness thereof having set their hands ............. day of .......
Surveyor to the Building Owners and Adjoining Owners'
This award could create more problems than it purports to solve and could cost the parties a lot more money in the event of a dispute arising.