RICS surveyor expert opinion

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    RICS surveyor expert opinion

    Where there has been a difference of view between two surveyors does anyone have experience of using a third independent surveyor to give expert neutral advice ? Hopefully resulting in finding common ground.

    #2
    We need some context, please.

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      #3
      Further details would be helpful. You can apply to the RICS and ask them to appoint an independent surveyor.

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        #4
        Main context in dealing with damp, previous post. Court action is threatened and this is being considered as a form of ADR.

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          #5
          You could apply to the President of RICS with your problem and him ( or his deputy ) to decide which surveyor is correct.

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            #6
            It is always better to try to agree on one expert rather than have two appointed who can argue with each other at your expense.

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              #7
              Tried that twice. Unfortunately reports challenged and not accepted !

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                #8
                There are two possibilties:

                One is that the lease has a dipsute resolution clause which covers the particular dispute. If it does you follow the procedure set out in the lease. The clause may require arbitration in the strict sense, or expert determination or allow the parties to decide. "Full" arbitration is not really recommended where the values involved are low.

                The other is to go for voluntary ADR. Parties to a dispute are free to agree to refer it to any form of ADR they like, even if they have a prior agreement setting out how disputes are to be resolved. If you are going for this then you need to ensure that the decision is final and binding. In this case the dispute resolution agreement can be very short. It will require the expert to make an inspection and determine the question using his professional skill and experience and after reading each party's surveyor's report. You do not want hearings or further submissions as the reports should say all that needs to be said. The agreement should also deal with costs.

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                  #9
                  Many, many thanks for a clear and rational response. Your advice is golden. Wish there was a star like button !

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                    #10
                    There is a thumbs up "Like" button.

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                      #11
                      Oops but can't register five star.

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                        #12
                        Lawcruncher may I send you a pm. There are some other details I would appreciate your opinion on and don't want to further complicate thread.

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                          #13
                          If you cannot agree between yourselves to use one independent expert you are unlikely to be able to agree a dispute resolution service but make an offer, keep a record and you can refer to it when costs are considered.

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                            #14
                            Thanks for suggestions. I think people would find history and situation unbelievable.

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                              #15
                              Originally posted by scot22 View Post
                              Lawcruncher may I send you a pm.
                              You may indeed.

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