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Negotiating dilapidations claims: What is really going on?
This paper considers in a discursive manner some of the theoretical issues which arise when surveyors and others are negotiating dilapidations claims. Working on the assumption that most readers will have negotiated such claims, and perhaps do it regularly, the objective of the paper (abridged from a talk given at the RICS Dilapidations Conference 2016 in Glasgow, Scotland) is to assist or remind negotiators to become expressly aware of some of the different levels at which negotiation occurs, as well as at least two different principles of negotiation.
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Alan Mcmillan co-authored the leading text in Scotland on the subject, entitled Dilapidations in Scotland (second edition). He has written and spoken extensively on the topic of dilapidations in Scotland and England, was chair of the Property Litigation Association in Scotland for around eight years, and sits on the Law Society of Scotland’s specialist committee for the accreditation of arbitration experts. He is a commercial litigator, solicitor advocate, and partner at Burness Paull LLP. He appeared in the leading dilapidations case of Grove v Cape. He is also a CEDR-accredited mediator. More recently he assisted the RICS in Scotland with their guide for surveyors in dealing with dilapidations disputes.