Building survey missed obvious asbestos issue - any recourse?

They'll have their own insurance but for that small a claim in wouldn't expect they'll claim as it would probably be under the excess limit on their policy.
 
I still think i should be refunded the survey fee :p

Good result. I disagree about a refund though, they are picking up the costs incurred as a result of the shortcomings of the survey therefore you have had the full benefit of the survey.
 
Make sure you appoint the analyst yourself - they need to be totally independent of the removal contractor.

You got lucky there - and I bet that surveying company will be changing their wording from now on! The survey for my house I could probably do something similar as the surveyor decided my garage ceiling was asbestos cement (how they knew it was asbestos or cement without testing I don't know! It is AIB so they tried to tell me what the material was and got it wrong.

But I already knew and had knocked a few K off the cost of the house (former surveyor/analyst here) so didn't really care.
 
I was speaking to my neighbour about it, apparently he saw the guy arrive and considering it was a full building survey he didn't stay long at all. combine that with his copy and paste report that i got, easy 500quid for him! 4k won't break the bank. might stop him being so complacent in the future.
 
Good result imo, be interesting to see what reaction there is from the surveyor, are ombudsman decisions legally binding or appeal-able?

I'm not entirely sure. According to the letter:


If you or (name removed) do not accept the decision, then either party can write to us, or email us at ****@os-property.org, but must be able to:

- show that there is a significant error in the facts which makes a material difference; or

- produce significant new evidence which may make a material difference, along with an explanation of why that information was not previously made available.

I've decided to go with their decision so will see what happens next.
 
so, the final chapter in this! the surveyor appealed the ombudsman's decision so the whole thing was looked into again. The outcome ended up exactly the same and the surveyor was given 28 days to pay. Those 28 days expired and i contacted the ombudsman again who gave him a further 7 days. a week later he hadn't paid. spoke to ombudsman again and they said the next step is they'll report him to RICS. the next day an email from the surveyor was waiting for me asking for bank details.
Money was transfered that day! :D
 
I provided quotes for all the work which came to £5k, I was awarded £4k so can't grumble too much. Better than nothing! Work hasn't been done yet, am waiting until summer.
 
Might as well get a nice new fancy insulated garage door put on if you're taking the old one off :D
 
Unless i can find a cheaper removal quote then the £4k will cover it, although I will have to have a think about what i'll replace the AIB with. The lounge is above the garage so will need some insulation.

remember whatever you replace it with will need to be suitably fire rated, especially given there is a living area above.
 
Well done for pursuing your claim, the surveyor clearly should have picked up on it given your instruction to make alterations to the garage.
 
Surveyor or Analyst? Your advice is bang on the money

Consultant / Project Manager :)

so, the final chapter in this! the surveyor appealed the ombudsman's decision so the whole thing was looked into again. The outcome ended up exactly the same and the surveyor was given 28 days to pay. Those 28 days expired and i contacted the ombudsman again who gave him a further 7 days. a week later he hadn't paid. spoke to ombudsman again and they said the next step is they'll report him to RICS. the next day an email from the surveyor was waiting for me asking for bank details.
Money was transfered that day! :D

Great result, and nice one for sticking with it. I have felt for a long time that these survey companies charge money for old rope. Happy you got sorted in the end and didn't attempt removing it yourself. Also, wise move with the sample. Always use an accredited lab direct, or a consultancy with their own accredited lab because it is a lot cheaper and you can usually get a verbal on the same day.

Have you awarded the work to a removal company yet?
 
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