Abstract

One in three claims against surveyors arising out of surveys involves allegations relating to damp, rot or some other timber defect. There is a tendency for surveyors to be reluctant to make statements in reports regarding the active nature of such conditions, as this could prejudice the chances of a property transaction proceeding. Considers recent cases where surveyors′ liability for commenting on such defects has been the matter at issue. In particular, considers a very recent judgment, given in the Official Referees Courts in London. An Essex‐based surveyor was found to have been negligent in failing to warn clients in a survey report as to the severe structural damage that the death‐watch beetle was capable of causing to a timber‐framed farmhouse. The surveyor referred to this as woodworm infestation. Damages in excess of £100,000 inclusive of interest were awarded together with costs. Concludes by making clear the importance of distinguishing between common furniture beetle and death‐watch beetle.

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