Alan Bright FRICS FFPWS MCI Arb of Alan Bright Associates131E High Street Brentwood EssexCM14 4RZ declares he is INCAPABLE!

Alan Bright FRICS FFPWS  MCI Arb of Alan Bright Associates Director of the Faculty of Party Wall Surveyors has declared himself incapable on two different projects and refused to respond on a third…. he has given no grounds but declared wholesale that he is incapable of acting as a third surveyor.

Dear Mr Kyson, Very sorry but I deem myself incapable and in accordance with section 10(9) of the Act the appointed surveyors may select another to take my place

His statement that he is “incapable in accordance with Section 10(9)” is misconceived. Section 10(9) does not authorise a Third Surveyor to declare themselves incapable in accordance with s10(9)c. Section 10(9)c of the Act does not create incapacity, but merely describes the consequence if incapacity exists.

‘Dear Mr Kyson, I regret to advise you that I deem myself incapable and appointed surveyors are at liberty under section 10 (9) to appoint another to take my place.’