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Neighbours have got a decorator in and we havent agreed yet

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Nosha123 | 14:54 Mon 01st Jun 2009 | Law
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Long story - which I will cut very short... we have done some extensive building work - had a Party Wall Agreement drawn up with the neighbours. Some minor (and I mean really minor) damage was caused to their property which we are liable to put right. We have done the work - except for the decorative stuff - one room needs new wall paper and some tiny cracks need sealant to fill them.

The Surveyor has been liasing between us all as they havent been very co-operative - even tho we have been trying to make things right.

The next step was meant to be - they get 3 decorator quotes - submit to us and between us we agree a fair price and they contract someone to do the work.

They have got the quotes but not given them to us - and the surveyor has been chasing them up for 6 weeks now asking for the copies of the quotes. They had initially added a load of extra work to it that wasnt meant to be paid for by us.

NOW - today they have got decorators in doing work there - so not only do I now know how much its costing me - but we havent agreed a price either.

Where do I stand now - do I have to pay this guy's quote or can I argue - that they havent followed the rules and so I can dispute it if its too expensive???
Please help!
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I'd be straight round to the neighbours on a case like this one. As you said, they were required to get 3 quotes...they broke the agreement.
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Aaah the snakes.... how tempting.. but cruel to the snakes!!!!

Would love to shove one of them through their letterbox!!!!

I am trying to train the cat to poo in their garden though!!!!
Well there's already a load of stuff on this thread.
You and I, Nosha, and perhaps a couple of others already contributing to the thread, know how the Party Wall Act is supposed to work. You have a Surveyor working on your behalf, I know. I can't remember whether the other party (neighbour) appointed a surveyor - I guess they didn't or he would have told them not to be so stupid.
Your Surveyor should advise you, but I expect him to see that they haven't abided by the agreement and they will offer to pay the lowest of the three quotes when they finally get off their arris and give you (or your Surveyor) these quotes. No quotes, no money.
Sorry typo - 'you will offer to pay', not 'they will offer'.
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Thanks Buildersmate... what if they cant provide 3 quotes - and only have 2... or what if I want to get my own quote and now cant as the work has been done???

Any ideas?

Am quite happy to play difficult with them now since they have been so awful all the way along!

And you are right - there is only 1 appointed surveyor
I would sit tight here - clearly they instructed the decorator and therefore it is down to them to pay his bill. They may well come after you for re-imbursement, and at that stage I would ask them to provide the three quotes they were asked to provide. I would be in no rush to pay this one - seems unfair that the decorator may be the one that waits for his money and it may be decent to let him know on the quiet that you are not just going to cough up his bill, despite what he has been informed by your neighbours. You may well find he downs tools.

refuse to pay until they provide you with the quotes, if these aren't forthcoming then a lot of contractors will give you a guide price from the surveyors report, choose the cheapest one and offer your neighbours that amount.

When they object to this point out that they have broken the agreement and suggest taking it to small claims court, from what you have said you will probably win and could also make a counter claim for the money yo have lost due to hiring equipment etc
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Sorry to resurect an old post.. but the neighbours have kicked off again today and I am feeling very down about it all.
The Surveyor went round yesterday to ask them AGAIN for the quote (they only bothered to obtain 1 though the agreement stated at least 2. They have also asked the decorator to do a load of other work while there - some of which they expect us to pay for. The Engineers report states clearly what wrok we have to put right and what we dont have to put right.

The Surveyor was so exasperated with their behaviour he threatened to walk out - they refuse outright to listen to him when he speaks and he mentioned that since they had not go the quotes asked for and had employed a decorator without our agreement they risk not getting all of their money back. They BLEW UP.. and have threatened us with their solicitor, they refuse to talk to me and say I am vile and poisonous. The decorator spoke with the surveyor and was swearing off about how awful they are and a pain in the A**. They want us to pay �2000 for the interior decoration which in my mind is WAY over the top - and how do I know that the decorator didnt inflate his price cos he thought they might be hard work!!!! HELP!!!

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