Overview
The Ormerod moot is not a binding judgment, but it is often discussed because it addresses a practical question that causes confusion: who does the adjoining owner's surveyor look to for payment?
The answer is not always as straightforward as some surveyors suggest.
The issue
Can an adjoining owner's surveyor sue the building owner directly for unpaid fees?
The opinion
In this non-binding judicial exercise, the view expressed was that the contract for fees is between the surveyor and the owner who appoints them.
On that approach, an adjoining owner's surveyor should look first to the adjoining owner who made the appointment, not directly to the building owner.
Engineers and other advisers
The same reasoning was applied to advisers instructed by the surveyor. If an engineer is instructed by the adjoining owner's surveyor, the engineer's contractual route is normally to that surveyor, not straight to the building owner.
That is separate from the question of what the award says about which owner must ultimately bear reasonable costs.
Why it matters
This distinction matters because party wall fee liability and contract liability are not the same thing.
An award may require the building owner to pay or reimburse reasonable fees, but that does not automatically mean every professional can sue the building owner directly.