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Knowledge base · Case law

Amir-Siddique v Kowaliw (2018) - when unreasonable behaviour can affect fee outcomes

Amir-Siddique v Kowaliw is often discussed because it challenges the lazy phrase, "the building owner always pays".

Overview

Amir-Siddique v Kowaliw is often discussed because it challenges the lazy phrase, "the building owner always pays".

In normal cases, the building owner often pays the reasonable costs of the party wall process. But reasonableness still matters.

What happened

The dispute involved a loft conversion and chimney breast works. The adjoining owners refused to agree to an agreed surveyor and separate surveyors were appointed.

Fees were included in the award and the building owner challenged the position.

The important point

The court recognised that unreasonable behaviour by an adjoining owner can affect cost outcomes.

The decision was fact-sensitive, but the practical message is clear: costs are not immune from scrutiny simply because they appear in the party wall process.

Why it matters

Adjoining owners have the right to appoint their own surveyor. That right should not be used spitefully or to manufacture unnecessary cost.

Building owners who face excessive or unreasonable costs should document the conduct, make reasonable proposals and challenge proportionately.

Surveyor fees

The case also highlights a wider problem: fee disputes often become evidence-heavy because there is limited external guidance on reasonable hourly rates and reasonable time.

That is why clear scope, clear timesheets and proportionate conduct matter.

Takeaway

The building owner does not automatically have to fund unreasonable behaviour. Costs should be reasonable, evidenced and connected to the proper administration of the Act.

Disclaimer. This article is for general information only and is not legal or professional advice. It is not tailored to any specific property, project or dispute, and the law and its application can change. Always seek advice from a suitably qualified professional before taking action. Coburns Party Wall accepts no liability for action taken in reliance on this article.

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