We
can help you find the best way forward.
If we are to serve you best it is
essential that you are frank and honest with us and disclose
everything. Remember we are bound by the code of conduct of the
Royal Institution of Chartered Surveyors, so confidentiality is
ensured. Your aim should not be to convince us that you have been
wronged, convincing us will not get you closer to solving the
problem. Ultimately it may be a judge that you have to convince, but
at this early stage we should be looking at all of the facts and the
merits of both your case and that of the other parties. If you do
not disclose everything the advice we give may not be in your best
interests.
There are many ways of resolving
building disputes that do not involve going to court and these
alternatives are worth considering. Arbitration, Adjudication and
Mediation all offer advantages in terms of limiting costs and
ensuring speedy resolution. We can offer advice on these options and
whether they are open to you.
Ultimately you may need, or choose,
to litigate. If so we would normally advise you appoint a solicitor
to manage your case. As chartered surveys we can approach counsel
directly, but solicitors are expert at case management. In this
scenario we would act as expert witness only.
The first thing a client should
understand about the duty of an expert is that he can be appointed
by one party to the dispute, or jointly by both parties. Whichever
it is the expert owes his prime duty not to those that have
appointed him, but to the court. He must provide his honest opinion
on those matters in which he has expertise, even if his opinion does
not support his clients case. Moreover, Chartered Surveyors acting
as experts are bound by the RICS Guidance not for Surveyors Acting
as Expert Witness which also insists that they act honestly and
impartially.
...but if you have a building
dispute it is best to talk to us to decide on the best way forward.
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