Legal & Technical Surveying
Litigation and Commercial Property
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Experienced Chartered Surveyors and Technicians - You Can Rely On UsCase Studies
- Expert witness (defects, workmanship, damage claims)
- Section 11 housing disrepair claims
- Boundary disputes and party wall surveyors
- Dilapidations reports and negotiation
- In-going schedules of condition
- Pre-lease reports on repairing obligations
- Pre-acquisition building survey reports
- Technical feasibility and coordination
- Statutory compliance assessments
Our experienced Chartered Building Surveyors can assess technical and construction claims (including defects, workmanship and damage claims) and produce Expert Witness Reports for initial negotiation and assessment purposes through to appointment under Civil Procedure Rules (CPR) for court proceedings.
We also act as single and joint experts on Section 11 (Landlord and Tenant Act 1985) and Section 4 (Defective Premises Act 1972) housing disrepair claims advising on evidence, cause and remedy together with reasonableness and appropriateness of costs.
Our services extend to assessment of Lease, Title and Land Registry plans and expert reports on boundary disputes including preparation of drawings in conjunction with topographic surveys. We also act as Party Wall Surveyors (under the Party Wall etc. Act 1996) in the service of Section 3 and 6, Party Structure and Line of Juncture Notices, preparing Schedules of Condition before agreeing Party Wall Awards.
By modelling and space planning the optimum office, warehouse, production, retail or industrial space at feasibility stage our clients are better informed to define their property search or understand the re-design or re-development criteria of their chosen building premises, site or campus. Our in-house drawing office will prepare fit-out and planning and schematic plans and elevations for board and stakeholder approval before developing these into formal Planning, Building Regulations and construction or contract drawings.
The detailed drawings are also used for landlord consent and licences to alter (in accordance with the Protocol for Applications for Consent to Carry Out Alterations (the Alterations Protocol) together with Schedules of Work to ensure that the proposed commercial fit-out works (from partitioning, ceilings, fire doors, LED lighting, signage and toilet, welfare and breakout/kitchen and tea point facilities) are full agreed and understood in the context of the lease reinstatement and repairing clauses.
We also undertake measured surveys of demises, buildings and sites and produce Land Registry, title and demise plans for first registration, transfers/leases of part of registered estates and lease definition purposes.
We have vast experience in the preparation, formal response to and negotiation of interim and terminal schedules of dilapidations acting nationally on behalf or landlords and tenants. Fully complying with the (Pre-action) Dilapidations Protocol and up to date consideration and advice in-line with RICS Guidance Note Dilapidations in England and Wales 7th Edition, September 2016, we seek to professionally assess any likely loss and Quantified Demand according to the lease covenants and repairing obligations. Working with expert valuers, we get to the core of any claim in an advisory or expert witness role under CPR (Civil Procedure Rules) or alternative dispute resolution route including mediation representation.
To protect our mutual clients and help them understand the implications of the repairing obligations within the lease, we prepare pre-lease reports on the condition of the demise as well as assessing any onerous landlord works that may affect service charges or cause disruption to business in occupation. With budget costs, planned maintenance assessments, and likely capital project expenditure envisaged during the lease term, we can ensure your clients factor in the financial implications of the repairing terms.
Our understanding of the repair and refurbishment of commercial buildings coupled with our experience of settling dilapidations claims makes us best placed to advise you on the anticipated dilapidations claim at expiration of the lease. With this information, our clients are better informed to consider amendments to the lease terms and seek to limit their repairing liabilities by appending an in-going Schedule of Condition, excluding elements of the construction or agreeing a list of repairs prior to occupation.
Technical Due Diligence
It is essential that the correct level of technical due diligence is commissioned to ensure that unknown problems do not manifest at a time when an organisation should be happily settled in its new surroundings. To ensure our clients are properly informed, our pre-acquisition building survey reports will assess the condition of the key elements of construction including roof inspection and high level cherry picker surveys. We can also arrange for specialist CCTV drainage reports, mechanical and electrical tests, including NICEIC, Gas Regulations, air conditioning and Control of Asbestos Regulations 2012 management inspections and refurbishment/demolition surveys.
In addition to building condition reports and inspections, we can assess the technical feasibility of the client’s alterations and fit-out proposals to determine if the space, structure and services are adaptable and recommend the appropriate form of construction and procurement route to best meet its requirements. In addition to our professional input, we often coordinate the commissioning of specialist, structural, M&E, environmental and acoustic engineers to establish a lead a dedicated design team who will then, with full knowledge of the property, be informed at technical design stage.
Our experience of successful planning application and Building Regulations submissions, allows us to consider initial statutory compliance issues at feasibility stage and even coordinate preliminary pre-application planning enquiry and building control consultation to ensure the plans for the building are achievable.
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