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What Section 6 says / intends
Information to be communicated by Notice
The scope of excavation disputes
Information required in Dispute Resolution
A few things to include in your Awards
What is an excavation?
“To make a hole in something by digging or
hollowing it out”
Not just limited to foundations
What about driven and sheet piling?
Section 6(3)
The ONLY reason Section 6 exists
To underpin, strengthen or safeguard
The key issue in most excavation disputes
Serving Notice
Section 6(5) and 6(6)
Name of BO / AO
Section 6(3) - yay or nay
Description of the work
Plans and sections of the Work
“Sufficiently clear and intelligible to enable the
AO to decide how to respond to the Notice”
Hobbs Hart & Company v Grover [1899]
Spires & Son Limited v Trump [1915]
Manu v Euroview Estates Limited [2008]
Doesn’t need to be perfectly intelligible
Excavation described in general terms
Doesn’t need to be perfectly precise
Dimensions not required if scaled drawings
Disputes
Surveyor appointments – Section 10(1) & (2)
Third Surveyor selection – Section 10(1)(b)
Appointments under Section 10(4)
Surveyors Jurisdiction
Excavation disputes have specific context
Although narrow in scope
Influenced by Section 7(1) and 6(3)
Section 10(12) is also helpful
Right to undertake the work
Manner in which the work will be undertaken
Timing when the work will be undertaken
Section 6(3) and Section 7(1)
Access to land
Costs of resolving the dispute
Information Checklist
Drawings showing full scope of excavation
Trial pit results
Ground Investigation Report
Method Statements
Details of temporary works
The input of a Structural Engineer?
The role of the advising engineer under the
Party Wall etc. Act 1996; is there one?
Mikeal Rust – Journal of Building Survey Appraisal & Valuation –
No. 1, Volume 3
Things for the Award
Define the dispute
Schedule of Condition
Trial pit results
Making good?
Section 6(3) statement
Section 7(1) statement
Define the Dispute
“Fourteen days passed following the service of the Notice without the Adjoining Owner consenting in writing to the notified works and
accordingly, in accordance with Section 6(7) of the Act a dispute or difference is deemed to have arisen that required both Owners to appoint
a Party Wall Surveyor.”
“It is alleged by the Adjoining Owner that the Party Wall Work recently undertaken by the Building Owner on the Building Owner’s Premises has caused movement and damage to the Adjoining Owner’s stone boundary wall. The Building Owner has disputed this allegation, thus a dispute has arisen between the Building Owner and Adjoining Owner on this point.”
Schedule of Condition
Not demanded by the Act but sensible
Photos not enough on their own
Tailored to the nature of the work
Measurements
Trial Pit Results
“Localised pockets of made ground was found to depths of between approximately 1m – 1.5m, above sandy silty clay of variable strength and
consistency to depths of beyond 4m.”
“The stone boundary wall that forms part of the Adjoining Owner’s Premises has no artificial or purposely made foundation and its base bears directly on to the ground upon which it stands with perhaps only circa 200-
400mm of the wall below ground level.”
“The wall has suffered some degree of historic movement but is currently sufficient for its purpose at not at risk of collapse.”
Making Good
No express obligation to make good
Contrast Section 6 with 2(3)(4)(5)&(6)
No making good; no payment in lieu –
Section 11(8)
Section 6(10) and Section 7(2)
Section 6(3) Statement
“That it is not necessary for the foundations of the stone wall forming part of the Adjoining Owner’s
premises to be underpinned or strengthened”
“It is, however, necessary for the excavation to be undertaken in the manner and sequence set out in
Clause 3 of this Award to ensure that the foundations of the Adjoining Owner’s stone wall is adequately
safeguarded during the intended work of excavation”