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Brian Eyley F.R.I.C.S.
Brian Eyley F.R.I.C.S. is an experienced Chartered Building Surveyor dealing with all aspects of new and existing buildings, particularly in their design and defect analysis. He regularly acts as an Expert Witness in Building and Construction disputes.
Curriculum vitę for Expert Witness matters
QUALIFICATIONS, EXPERIENCE AND FIELDS OF PRACTICE
Qualifications
Brian Eyley is a Chartered Building Surveyor dealing with a broad range of work and a variety of building types. He was elected an Associate of the Royal Institution of Chartered Surveyors in 1975 and a Fellow of that Institution in 1984.
Areas of Expertise
Chartered Building Surveyor dealing with the following areas of work
 | Design of building works |
| Contract administration of building works |
| Costing of building works |
| Defective work by building contractors |
| Defect investigation and analysis |
| Dilapidation claims |
| Material & component analysis (liaising with testing laboratories) |
| Condition surveys and measured surveys |
| Maintenance planning |
| Expert Witness in respect of the above Fields of Work |
Much of his work is in the field of architectural design and contract administration where he or his staff are responsible for interpreting the building owners' requirements, preparing Feasibility Studies, preparing drawings and specifications, obtaining tenders and administering Building Contracts. Building types dealt with on a regular basis include new and existing commercial and industrial buildings, housing, historic buildings, multi-storey buildings, schools and, to a lesser extent, churches.
The remainder of his professional work largely comprises the investigation and analysis of building defects for various purposes including pre-purchase condition surveys, dilapidations claims, maintenance planning and the investigation of faulty work or design in connection with legal proceedings.
Most of this aspect of his work falls into the category of general building technology but with some specialist installations. He has a detailed and broad knowledge of building technology and is able to investigate defects to analyse their existence, cause and extent and to assess alternative courses of remedial action and costs.
The investigations may include initiating and controlling tests by laboratories or other specialists in structural engineering, services, building costs or science.
Reports can be for guidance only or to present written evidence which may indicate an opinion of the responsibilities of the parties involved. He also prepares Scott Schedules and analyses and comments upon costs of repairs.
Assessments of the condition of buildings for maintenance planning purposes including the assessment of costs are undertaken.
Brian Eyley also acts as an Independent Expert to Determine disputes between parties involving building construction or building contracts and is on the panel of Experts Appointed by the President of the Royal Institution of Chartered Surveyors for this purpose.
Analysis of Building Defects
In the course of his work Brian Eyley has spent a considerable amount of time dealing with the investigation and analysis of building defects. This has included reporting upon failures of building materials as well as negligent design or faulty construction. Much of the work is in association with legal proceedings.
The investigations have included a wide range of problems both large and small on many building types for clients which include the public sector, commercial sector and private.
The work in investigating building defects is very varied.
On one appointment it was necessary to investigate, record and analyse 65 different categories of defect in two estates of 132 dwellings. It was necessary to list each defect in each house, state the failures of the contractors and Architect, describe the remedial works and justify the costs involved with the Scott Schedule running to hundreds of pages. This action was settled in his client's favour.
Work of this type has been carried out over the whole of the South of England including London.
Investigations
Expert Reports and similar work prepared in the past include:
| Structural defects & dampness |
| Subsidence of foundations, faulty design or construction and deterioration of building materials |
| Rising dampness, penetrating dampness, tanking, condensation |
| Building envelope analysis & materials failure |
| Ability of the walls, windows and roof to repel water and wind |
| Defective rendering, paintwork & plasterwork etc. |
| Frost damage to brickwork, stonework, render |
| Defective window installations |
| Faulty construction & design including inadequate installation, inadequate mixing, faulty positioning and wrong selection of materials |
| Defective or ineffective design |
| Defective kitchen installations |
| Failure to comply with legislation |
| Failure of architect or others to comply with published recommendations or with statutes, specifications, Building Regulations, Planning Permissions or other requirements |
| Acts of waste and dilapidation |
| Schedules, costings, negotiations and legal advice in respect of dilapidations in leasehold buildings |
| Personal injury claims |
| Injury caused by defective design, construction or maintenance |
| Negligence in surveys |
| Failure to inspect or report upon defects existing in property to be surveyed |
Past Expert work undertaken
More than 100 reports have been prepared in respect of the following types of dispute. Many were settled shortly after the submission of Brian Eyley's report.
| Defective design and construction claim for Housing Association plus remedial works. Claim equivalent to current value of nearly £2,000,000. |
| Faulty design & major defects in conversion and repair contracts. |
| Personal injury claims caused by defective work or faulty design. |
| Constructional defects (many). |
| Defective manufacture and installation of chipboard flooring in new housing. |
| Defective design by architects and surveyors. |
| Defective monitoring or supervision of building works by architects and surveyors. |
| Defective building workmanship. |
| Defective materials in construction. |
| Incorrect pricing and final account preparation. |
| Negligent inspections or reports by surveyors. |
| Various appointments by President of RICS to act as an Expert to Determine disputes. |
Determination of Disputes
Brian Eyley is on the small panel of Experts appointed by the President of the Royal Institution of Chartered Surveyors to Determine Disputes. This process is similar to Arbitration but the Surveyor sits as an Expert and issues a Determination, not an Award. There are also various legal differences.
Please contact Brian Eyley if you would like more information about this process.
Professional Experience
Brian Eyley worked for the well respected firm of Herring Son and Daw from 1970 until 1975. Most of the buildings dealt with at that time were of a commercial or industrial type but some were residential buildings.
In 1975 he joined King and Chasemore, Chartered Surveyors at their building surveying office in Oxford, as a Senior Surveyor, was appointed an Associate of the Practice in 1981 and left their employ in 1983. During the period with King and Chasemore, he dealt with the restoration of historic buildings and the conversion of barns, stables etc to residential buildings. A listed building designed by William Kent was restored and was highly commended in the annual Stone Federation Awards. He also dealt with a large number of building condition surveys, schedules of condition, and schedules of dilapidation.
In 1983 he joined Kennedy and Partners as a Chief Building Surveyor and became a Partner in 1984. He was responsible for running the Canterbury office and, later, the Fareham office in Hampshire. His clients included Housing Associations, Health Authorities, Local and Central Government as well as corporate clients in the commercial, retail and industrial sectors. He continued with broad based building surveying work including restoration and refurbishment as well as new-build. Increasingly, he dealt with the diagnosis of building defects, particularly for the preparation of Expert Reports. He was elected a Fellow of the RICS in 1984 at the age of 34.
In May 1991 he resigned from the Partnership of Kennedy and Partners to establish his own Practice.
The Brian Eyley Partnership now deals with all aspects of his previous experience but, particularly educational buildings, public sector housing, historic buildings, and the commercial, retail and industrial sectors. Brian Eyley's present work consists of litigation and Expert work, other surveying and advisory work and architectural building work.
The expertise and equipment of the sister practice of Brian Eyley Photography is available to present photographic illustrations and evidence in the best possible manner.
Presentation of Information
Reports are prepared in a logical manner to present the information clearly and with a view to it being easily understood by a layman and, wherever possible, being read as a single document without the need for reference to other documents. Extracts from supporting publications and references are attached to the report as required. Photographs are generally mounted as an appendix to the report and are fully annotated.
Reports are formatted to follow the guidance issued by the Academy of Experts and the Royal Institution of Chartered Surveyors.
Scott Schedules are prepared from inspection notes, legal documents and/or witness statements and are clearly formatted and cross referenced with the report for ease of reference.
Other Information
Since 1976 Brian Eyley has been a member of many committees of the Royal Institution of Chartered Surveyors including the Practice and Techniques Committee at RICS headquarters. In 1990/91 he was the Chairman of the Wessex Branch Building Surveyors Divisional Committee having been Honorary Secretary for two years.
He has been an Assessor for the Building Surveyors Assessment of Professional Competence administered by the Royal Institution of Chartered Surveyors since 1988.
Downloads
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Practice Information Brochure (27kb)
Brian Eyley Litigation C.V. (24kb)
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