Legal 500

“Bruno Herbots is applauded as ’offering insight that would not be obvious to clients”

“Many consider him [Bruno Herbots] a young star with the ‘X’ factor in construction and procurement law”

Chambers

“Practice head Bruno Herbots handles all aspects of construction and public procurement law. Clients appreciate his inventive solutions as well as the international experience gained from a number of jurisdictions”

“A “charismatic legal strategist” who is “very well versed in contract law and always available,” according to impressed sources.”

“Commended for being readily accessible and pleasant to deal with”

“Bruno Herbots is recommended as ‘a hard-working lawyer who is always pushing for the best result’. Recent highlights for the team include advising the National Paediatric Hospital Development Board on the development of the National Paediatric hospital Project”

“Construction and Procurement Department Head, Bruno Herbots has experience in both construction and projects, having applied his ‘thorough, pragmatic and efficient work ethic’ to some of the country’s major PPP projects, particularly in the rail sector.”

“Top notch on construction and procurement matters.”

I HAVE A VALUATION REPORT FROM THE SELLER. DO I STILL NEED A SURVEY?

The answer is yes.  You cannot safely rely on the “valuation report” carried out by the bank.  The focus is different to that of a purchaser.  The lender’s surveyor inspections establish a ‘value’ of the property bearing in mind the amount of the proposed loan.  Some of these valuers are architects or engineers, but most are not.  The valuer is not particularly concerned with defects except to the extent that they affect the value.  Even an architect or engineer looking at a house to assess its value will not be looking for faults or checking all the matters they would check as part of a survey on behalf of a purchaser.  Lenders advise borrowers not to rely on their “valuation report” and that for the borrowers’ own protection they should get the house surveyed. Bearing in mind the fees payable for lenders’ “valuations” you will appreciate that the examination of the property is fairly superficial.  As of now, there has been no reported case in Ireland of a borrower who relied on a lender’s surveyor succeeding in an action when defects are found in a house which the borrower felt the lender’s surveyor should have seen.  Several cases have been brought to Court but none of these have succeeded. Overall, therefore, our advice is that you should place no reliance on the valuation carried out on behalf of your lender.