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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 814
Experience:  Solicitor with over 15 years experience.
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If a Party Wall award - after 14 days in which to appeal -

Customer Question

If a Party Wall award - after 14 days in which to appeal - is found to have clerical errors eg clause 5 numbered twice and refs to 4c and 4 g that do not exist (because they meant clause 5) and other copy and paste errors (!) is it still lawful and actionable?
Thanks
Submitted: 3 years ago.
Category: Law
Expert:  LondonlawyerJ replied 3 years ago.
LondonlawyerJ :

Hello I am a solicitor with over 15 years expereience. I wiil try to help you with this., If the errors are simly clerival and the meaning of the award is still clear it will still be valid.

Customer:

Even if there is a reference to Clause 4 j which does not exist but is in fact 5 g ?

Customer:

It was drawn up by 2 P W surveyors

LondonlawyerJ :

Does it still make sense is it clear who the award is in favour of and what has been awarded? If so it is no problem.

Customer:

well yes after a bit of searching to find which clause and letter it may refer to by someone, like myself, with a degree in English!

Customer:

I would like to ask another question.........

LondonlawyerJ and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi


If I do not appeal a Party Wall Addendum and the AO takes me to Court - would I have the opportunity to say why I had not paid ? In fact he refused access for us to finish the build unless I paid him cash. I did not want to pay cash and offered a cheque or directly into his bank. He ignored this . We reached stalemate and the wall on his side has not been completed. Therefore I would argue that we have not had the opportunity to 'make good' as required in the original PW award. Am I right? Can he insist on cash before he allows access to his land ? Can you quote any precedents please?

Customer: replied 3 years ago.

very satisfied but it won't let me ask you another question! so...............