Property – examples of mediations undertaken

You are here: Jon Lang Mediation > Biography > Property – examples of mediations undertaken

Property / Property Related  – examples of mediations undertaken

Property mediations

A landlord and tenant case between a public authority and a commercial entity concerning alleged breaches of covenants, applications for a new tenancy, etc (c. £100k).

 

Mediation of a dispute arising out of an alleged failure to consult numerous leaseholders in relation to major works (an application for dispensation in relation to Section 20 consultation requirements having been commenced).

 

A multi-party mediation between owners of a property portfolio (c. £3 million).

 

Mediation of a claim for compensation under Part 1 of the Land Compensation Act 1973 following completion of a road improvement scheme, raising difficult issues of assessment of compensation under section 4 of the Act.  

 

A multi-party dispute involving disputed boundaries (c. 200k).

 

Mediation of a dispute between tenants of a pub/hotel and the owner of the freehold over rent to be payable on a new lease, with discussion focusing on the ‘reasonably efficient operator’ (REO) and calculation of ‘Fair Maintainable Trade’ (FMT).

 

A mediation arising out of an accounting process at the end of a joint venture arrangement for the development of a block of flats, one party providing funding and the other management services, the dispute concerning planning permission, the obtaining of licences, and the eventual marketing and sale of the units.

 

Mediation of a claim against planning consultants by a waste management company arising out of refusals of planning consent and associated delay.

 

A dispute arising out of an agreement made pursuant to section 106 of the Town and Country Planning Act 1990.

 

A mediation of a claim by a land agent alleging that its actions were the effective cause of a land transaction involving a major house builder.

 

A claim brought against a valuer by an asset-based lender for alleged negligence in valuing the gross development value of a commercial property and surrounding land, including issues such as the ‘bracket’ of non-negligent acceptability, causation and reliance, and contributory negligence (e.g. failure to follow internal lending guidelines on LTV and generally) (c. £1.6m).

 

A multi-party dispute arising out of the development of a brown field site with various lenders, who were party to a master participation agreement, supplying development finance to a development company which subsequently went in to receivership, with claims against and between guarantors, allegedly negligent valuers and quantity surveyors.

 

A dispute concerning the satisfaction of conditions (for instance, the alteration of the route of a public footpath, the stopping up of a highway etc) for the release of the balance of purchase monies agreed for development land upon which a major housing development was to be built (£4 million).

 

A five party property dispute involving issues of disputed boundaries and repairing obligations.

 

Mediation of a dispute concerning a rent suspension provision of a commercial lease, failure to give notice of damage caused by an insured risk and dilapidations.

 

A dispute over ownership of property between once co-habiting partners with various trust arguments being raised, as well as undue influence and claims of proprietary estoppel and estoppel by convention.

 

A mediation over the operation of overage provisions in a contract for the sale of land.

 

An action brought by a bank against a monitoring surveyor arising out of the alleged negligence in the monitoring of a failed property development venture.

 

A dispute between beneficial owners of a significant property over its sale (c. £3m).

 

A negligence action involving several parties concerning the foundations of a major structure with negligence alleged against various parties including geotechnical, soil and environmental engineers.

 

A dispute concerning the payment of a ‘finder’s fee’ and whether work done by an agent constituted the effective cause of a land transaction.

 

Several disputed commission claims.

 

A dispute arising out of allegedly illegal distraint for rent.

 

Property related mediations (Construction)

A multi-party dispute arising out of the construction of a port, the dispute primarily concerning allegations of negligent bathymetric surveying and piling (c. £2.5 million).

 

A dispute arising out of the refurbishment of, and extension to a major London department store (c. £12m).

 

A mediation between a construction company and a museum arising out of the construction of a new wing (c. £10m).

 

A dispute arising out of an agreement made pursuant to section 106 of the Town and Country Planning Act 1990.

 

A multi-party action brought by purchasers of a luxury home against structural engineers, architects and developers, claiming negligence and breach of duty under the Defective Premises Act 1972 in relation to a number of alleged severe construction defects.

 

A mediation involving several parties concerning the foundations of a major structure with negligence alleged against various parties including geotechnical, soil and environmental engineers.

 

A dispute arising out of a sub-subcontract for the design and manufacture of a roof deck, with the mediation taking place following two adjudications but just prior to the commencement of high court proceedings.

 

Various claims by house purchasers against major house builders concerning alleged defects in construction.

 

Property related mediations (Professional Negligence)

An architects negligence action brought by a prime contractor on a large inner city development project (c. £10 million).

 

A solicitors negligence action arising out of the sale of land and the adverse impact of various overage provisions (c. £500k).

 

A claim brought by a lending bank against valuers for overvaluation of land and its development potential (c. £3 million).

 

Mediation of a claim against planning consultants by a waste management company arising out of refusals of planning consent and associated delay.

 

A claim brought against a valuer by an asset-based lender for alleged negligence in valuing the gross development value of a commercial property and surrounding land, including issues such as the ‘bracket’ of non-negligent acceptability, causation and reliance, and contributory negligence (e.g. failure to follow internal lending guidelines on LTV and generally) (c. £1.6million).

 

An action brought by a bank against a monitoring surveyor arising out of alleged negligence in the monitoring of a failed property development venture, with debate focusing on RICS guidance on project monitoring, reliance, causation, quantum (SAAMCO) and contributory negligence (in relation to initial lending decisions and acceptable LTC and LTCDV ratios) (c. £10 million).

 

A pre-action mediation arising out of the alleged negligence of a valuer in advice provided in connection with a hearing before the Leasehold Valuation Tribunal for determination of the premium payable on a leasehold extension under section 42 of the Leasehold Reform, Housing and Urban Development Act 1993.

 

Several valuer negligence claims involving argument over the proper application of the SAAMCO principles.

 

A multi-party dispute arising out of the development of a brown field site with various lenders, who were party to a master participation agreement, supplying development finance to a development company which subsequently went in to receivership, with claims against and between guarantors, allegedly negligent valuers and quantity surveyors.

 

An architects negligence action arising out of the development of a property and, in particular, the laying of foundations (with the builder brought in as third party), the primary allegation being that the original specification prepared by the architect and subsequent instructions issued by him were negligent (c. £120k).

 

pdf version for printing/saving here