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Tackling Party, Boundary Wall and On-Site Liability Problems

Environment, Property & Regulation

Courses Overview:

This recently updated 1 day course covers the problems of boundary disputes, The Party Wall Act, and a range of potential on-site disputes that the design team and building contractor could face.

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The Party Wall Act 1996

  • Background and scope of the Act including the definitions of “party wall”, “party fence wall” and “party structure”
  • Rights and obligations, building and adjoining owner, rights of entry
  • Procedures, notices and counter notices
  • Construction of new boundary party walls, special foundations, adjacent excavations, excavating near neighbouring buildings
  • Modifications and repairs to existing party walls
  • The role, appointment and powers of the Party Wall Supervisor

Boundary Disputes

  • Sources of disputes
  • Disputes, litigation and ADR
  • Finding a solution

Liability for Temporary Works

  • Responsibility and liability for temporary works

Liability for Construction Works

  • Role, duty and liability of employer, contractor, sub-contractor and architect
  • Noise and nuisance
  • Site inspections

Liability for On-Site Supervision

  • Contractor’s liability where Architect/Engineer fails to adequately supervise
  • Contractor’s duty to warn
  • When defects have to be notified

Unsatisfactory Works

  • Defects
  • Notices and remedies under JCT contracts

Reducing the Risk

  • Rights and obligations of parties; duty of care
  • Identifying risks and obtaining appropriate insurance cover
  • Implications of CDM regulations
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