(NOTE: This section is c. 14 pages in length)
(NB: Brian Gale is covered in my 3 June 2008 (74 pg) Witness Statement; (4 pg) Main Points)
Mr Brian Gale, of Brian Gale & Associates,
Reigate, Surrey , RH2 9BS, is Mr Andrew
Ladsky's surveyor. He admitted during
the tribunal hearings that
Mr Ladsky was a prior client.
Like the rest of Mr Andrew Ladsky's 'puppets', Mr Brian Gale has demonstrated that he will do anything for his client or, to be more precise, for financial gains: lie in 'expert witness' reports to a tribunal; lie to leaseholders; make libellous, scurrilous claims against me - in 'expert witness' reports
The first I heard of Mr Gale was in the 21
December 2001 letter from Ms Hathaway,
MRICS,Martin
Russell Jones, 'managing' agents for
the block, that the intention was to
appoint him to - it was claimed - undertake
the "condition
survey" of the block. (See Business
model for the reason for my using 'it
was claimed')
As can be seen in
the attachments to the 21 December
2001 letter, Mr Gale (as well as other
contractors) sent his tender to "The
Office" at
Jefferson House. Why? Martin Russell
Jones does not have an office there,
and
the
lease does not allow use of the property
for commercial purposes. The reason
is that the true addressee was Mr
Ladsky (see Advisors: Cawdery Kaye Fireman & Taylor and Portner
and Jaskel; Headlessors;
Owners
identity # 1 ; Directorships)
Sections
(1) Mr Gale's "condition survey" = the start of the implementation of the scam
Mr Gale completed the "condition
survey" in
February 2002.
In her 26
March 2002 letter, Ms Hathaway, Martin
Russell Jones , wrote:
"The
surveyors have indicated that the cost of works
is likely to be in excess of £1 million (US$1.8
million) + VAT and fees. We
would stress that this is a very rough indicative
estimate and should in no way be relied upon
as an exact figure.
The tendering contractors
may produce a price which is significantly
more or less than the price indicated
above depending on numerous factors
which contractors take into account when
tendering"
Bearing in mind that the works that ought to
be taking place were repairs
and maintenance works (see my lease), these comments added to my alarm bells:
either Mr Gale was exceptionally inexperienced,
or Ms Hathaway was preparing the ground in order
to refer back to this letter at a later stage,
along the lines of: "But we did warn you
in March 2002." (See Major
works for detail)
In her 15
July 2002 letter, Ms Hathaway informed
lessees that the cost of the works would be £736,206
(US$1.3 million). She also wrote
"We have to state that the sum quoted may
be exceeded due either to subsequent changes
in the specification." (NB: More signs of the intended scam)
This was followed by Steel Services application
of 7
August 2002 to the LVT It led to a pre-trial
LVT hearing on 29 October 2002 at which directions were
set. It resulted in Mr Gale issuing an Expert
Witness report, dated 13
December 2002 .
The report was delivered to me post
18 December 2002 and, therefore, after
the deadline set by the LVT which was 17 December. As can
be seen from the envelop at the back of the pack,
the stamp was not franked.
Contrast this
with the fact that Ms Hathaway had sent
a fax to the LVT, dated 1
December 2002 , stating:
"I understand
that you have already received our expert
report direct" .
What a team!
Back to list
(2) Mr Brian Gale made false claims to the
Leasehold Valuation Tribunal in his 13 December
2002 "Expert
witness" report
There are several points of note in Mr Gale's
13 December 2002 "Expert witness" report to the Leasehold
Valuation Tribunal. (NB: The LVTs are part
of the English legal system). Among others,
one is the statement under Section
4 -1.4 -
"I am able to categorically state
that the Specification makes NO provisions
for any construction of an additional floor
nor any future requirement in the building
to create a penthouse flat"
In fact, when the works started in September
2004, so did the construction of the penthouse
flat, resulting in the following outcome:

Jefferson House
July 2002 |
|

Jefferson House
September 2005 |
See also the February 2002 photographs
taken by Mr Gale of the back of Jefferson
House (2.4MB)
at the time he undertook the condition
survey , as well
as extracts from his report - in particular
noting his "remedies" relative to the
"defects" he identified - in which he
wrote that
"...the roof coverings will need to be replaced
and provisions made to cover any additional
works may become apparent."
Evidently, such as the 'incidental' cost of
building a penthouse flat and significant works
to the flat below. Of course, as Mr Gale wrote
in his February 2002 report
"...the roof had
exceeded [its] modern life span" and
there was "...water ingress" to "some
of the properties" , "replacing
the asphalt roof" "needed to be
dealt with as a matter of urgency" .
By the way, it was
so "urgent", that the works were started
2.5 years later in September 2004.
See also the Photo gallery .
Mr Gale and Mansell have a most unique way of
describing the works: "replacing
asphalt roof"
Another point worth noting in the latter report
from Mr Gale, of 13
December 2002, is that he considers
"the
cost of works detailed by Killby & Gayford
on 8 July 2002 and totaling £564,467
represents a reasonable assessment
of the cost of carrying out all
necessary works" ( £736,206
(US$1.3 million) with management
fee and VAT).
This amounts to a major contradiction as,
in her letter dated 26
March 2002, i.e. written after Mr
Gale had completed his 'Condition survey' (in
February 2002), Ms Hathaway wrote:
"The surveyors have indicated that the cost
of works is likely to be in excess of £1
million (US$1.8 million) + VAT and
fees."
The first day of the LVT hearing
took place on 5 February 2003. (Due to
the breach by Martin
Russell Jones in the directions set by
the LVT at the 29
October 2002 pre-trial hearing, I wrote
a letter to the LVT on 12
January 2003 requesting a postponement
of the hearing. This was refused. See
Leasehold Valuation
Tribunal # 2 , # 3 , # 8. 1 , # 8.1.2 , # 8.1.3 , # 10. 4 ) and My Diary c.17 January 2003 and End January 2003)
In complete breach of the directions set
by the LVT, I only received the priced specification
from Martin Russell Jones just 36 hours
before the 5 February 2003 hearing - and therefore seven
months after the original demand for payment
of £14,400 (US$25,400) .
At the hearing, my Counsel pointed out that,
in sending me a copy of Steel Services 7
August 2002 application, the tribunal had not
included any of the supporting enclosures.
The
Chair asked the Clerk to confirm this.
He replied, "Not
all the residents were copied on the
enclosures" . (See Leasehold
Valuation Tribunal # 8.1.3 , # 8.1.4 )
Back to list
(3) Mr Brian Gale also made false claims in
his 24 February 2003 "Expert Witness" report
to the Leasehold Valuation Tribunal - in the process making defamatory, libelous comments against me
Further evidence in support of my claim that,
in spite of six requests to
Ms Hathaway, between 11 August 2002 and 12 January
2003 (see Martin
Russell Jones , as well as Cawdery Kaye Fireman & Taylor ) , for a
copy of the priced specification, I had not been
supplied with a copy, came from Ms Hathaway herself
during the hearing. It is captured under point
14 of the 17 June 2003, LVT/SC/007/120/02 determination (ref #992 on the LVT database ) :
"Ms Hathaway maintained that Ms Dit-Rawé had
seen the specification. but was unsure
as to whether this had been a priced
version "
The same damning evidence is found in Mr Brian
Gale's 24
February 2003 report, under point
2.04 :
"...the un-priced or priced Specification.has
been. freely available for all lessees
to view" .
Note however that, having made this statement,
two pages later in his report, under point
2.11 , Mr Gale then becomes adamant
that the priced specification was made
available to leaseholders. (That's the
downside with lying: you've got to make
sure that the story stacks-up... and need
to have a very good memory!)
(See also Leasehold Valuation Tribunal # 8.1.2 for other leaseholders who likewise stated that they had not been given a priced specification )
The outcome was a postponement of the first
day of the substantive hearing to 13
March 2003 , giving the reason stated under point
16 of the 17
June 2003 LVT report:
"In the interest of justice, the Tribunal
agreed to an adjournment." (See LVT for
my views on this)
The 13
March 2003 letter details directions that
included an expert report from my surveyor,
as well as from Mr Gale.
While I let my surveyor handle the specification
part of Mr Gale's 24
February 2003 report, I concentrated on
two sections in Mr Gale's report: "Section
2 - Chronology of events" and " Section
5 - Summary " which I can only describe
as A PACK OF LIES .
Back to list
(4) There was a concerted effort in particular
between Mr Andrew Ladsky and Mr Brian Gale to
try to influence the tribunal by claiming that
I was the only leaseholder challenging
the costs - because I was the only leaseholder
who went through the process
(NB: Thanks to the filing of
the - false -
claim by Cawdery Kaye Fireman & Taylor and
Ms Hathaway - under
a Statement of Truth (1.1MB) - against
11 leaseholders, in West
London County Court)
In the case of Mr Gale, under point
2.09 of his 24
February 2003 "Expert Witness" report, he described the
outcome of the 14
November 2002 meeting (set-up by Ms
Hathaway for the leaseholders - with
a three-day notice - and contrary to
the LVT directions) as
"...4 of the 5
objecting Respondents who attended
the Pre-Trial Review on the 29th of
October 2002 were now not objecting
any further and had agreed to pay,
or had paid."
(Some
of the leaseholders who had attended
the meeting nonetheless ended-up being
listed on the 29
November 2002 West London County
Court claim)
Under point 2.07 Mr Gale also
states that at the 14 November 2002 meeting,
leaseholders had the opportunity to get
a copy of the priced specification. By
then, four
months had elapsed since Ms Hathaway's
original letter of 15
July 2002 , which included the demand for
payment, dated 17
July 2002
(Mr Gale also lied under point 2.10 as he wrote
that ".A copy of my Expert Report to the
LVT.was sent, by first class post direct to Ms
Dit-Rawé. " In actual fact it was
hand-delivered post 18 December 2002. As can
be seen at the back
of the report , the stamp on the envelop
was not franked)
In this same report, Mr Gale states:
2.03 - "At this stage [at
the 29 October 2002 pre-trial LVT hearing], of
the 35 flats within the block, 11 Lessees had
already paid the relevant service charge, a further
10 had partly paid and had promised to pay the
balance and were not in disagreement. Of the
remaining tenants, only the 5 attending as Respondents
had indicated any objection to payment of the
service charge, reasonableness of the works or
their cost" (See LVT section for the reason
on the relatively low attendance by leaseholders)
5.01 - "I would like to
draw to the attention of the Tribunal that
I am advised by the managing agents that now
some 31 of 35 tenants have paid, either in
full or substantial contributions toward the
cost of the proposed works"
5.02 - "It would therefore
appear. that only one lone tenant continues
to make any representation or objection of
the 35 tenants"
5.04 - "The vast majority
of the tenants in this block have been fully
and completely consulted throughout all stages
of the procedure, are in full and complete
agreement and have paid substantially, or entirely,
for the works and improvements (NB:
!!!) to take place" .
(I wrote a reply to Mr Gale, dated 13
March 2003 , which was handed to the Leasehold Valuation Tribunal
Panel by my Counsel on 28 April 2003)
In the case of Mr Andrew
Ladsky, this is captured
under point
50 of the LVT
report :
"It is noted that, apparently, the majority
of the tenants wish all the works to be carried
out. A letter from Mr Ladsky, the lessee of
flats 34 and 35 dated 28 April 2003 stated:
"31 or 32 of the 35 tenants have paid their
contribution towards the major works. They
are, therefore, in agreement with both the
scope and cost of the proposed refurbishment.
Whilst I accept that the Tribunal is to
rule on the reasonableness of the proposed
works, it must surely follow that if the overwhelming
majority of lessees in the building
are ad idem, some considerable weight must
be given to their collective view.
It seems
to me that it would be wholly inequitable
for one lone tenant acting entirely unilaterally
to be able to frustrate and delay the
building works desired by the many"
Back to list
(4.1) These were lies - as evidenced by the
glaringly obvious
In the case of Mr Gale's claim on the position
after the 14 November 2002 meeting: barely two
weeks later, Ms Hathaway, on behalf of 'Steel
Services', filed the claim in
West London County Court against 11 Leaseholders
representing 14 flats. (It includes some of the
leaseholders who had attended the meeting)
Events which took place AFTER Mr
Gale's 24 February 2003 "Expert Witness" report - and Mr
Ladsky's letter:
The 23
May 2003 application sent by Mr
Lanny Silverstone, Cawdery Kaye Fireman & Taylor, to West
London County Court for a Case Management Conference
highlights ongoing action against four
leaseholders
Indications are that another
leaseholder is not mentioned, Defendant
number 9 as, when I went to West London
County Court on 31 March 2004, initially
I was told that a judgement had been
entered against me on 18 March 2004.
(Eventually I was told "No,
the judgement is not against you, it's
against Defendant number 9" (See Lord
Falconer of Thoroton # 2 ) )
In addition, as stated in the last part of point
50 of the LVT
report :
"On the last day of the hearing a legal
representative for another lessee in the subject
property attended to say that her client was
also unhappy about the service charges demanded
of the proposed works"
The "legal representative" was Ms
McLean, Piper
Smith Basham, who had written
in a letter dated 9
April 2003 to my then solicitors
"...the landlord has intimated to the LVT
that no other lessee is disputing the service
charges demanded. That is clearly not the case."
Against the above, consider that ONE
YEAR AFTER the claims made to the tribunal by Mr Brian Gale, Mr Ladsky and Ms Hathaway, in her 26
March 2004 letter to "All Lessees",
Ms Hathaway wrote:
"Due to
extensive delays in collecting the
contributions from all (NB!!!) lessees..."
(Cawdery Kaye Fireman & Taylor also used these false statements against
me in its subsequent communication e.g. Mr
Lanny Silverstone 's 25
June 2003 letter to me
"...without going
through the costly LVT process which
has now resulted in a percentage uplift in
the contract figure and a significant delay
in the project".
Another example is the 21
October 2003 'offer' sent by 'Ms
Ayesha Salim, Cawdery Kaye Fireman & Taylor
"Your
client's decision to challenge both
the LVT decision and to continue
defend these proceedings is her own.
Her decision to do so has caused
inconvenience and expense to all
the lessees of the building"
(Note
that it is Steel Services that kept
challenging the LVT determination, not
I - as evidenced
by the statement in the 21 October
2003 'offer' "our
client has once again (NB!!!) reviewed
the revised apportionment dated 24 June
2003")
Mr Barrie Martin, FRICS,, Martin
Russell Jones , also made the same libelous
and ludicrous statements in his letter
to me of 4
August 2004 . I replied on 11
August 2004 .
Like Cawdery Kaye Fireman & Taylor and Mr Brian
Gale, Mr Martin evidently writes whatever Mr
Andrew Ladsky dictates, regardless of glaringly
obvious - and
very damning - evidence and facts. Another
prime example of this is his 2
May 2006 (2.3MB) letter
Back to list
(5) The outcome of the 17 June 2003 determination
by the Leasehold Valuation Tribunal, LVT/SC/007/120/02, (ref #992 on the LVT database) was
a reduction of nearly 70% in the global
sum demanded
Most 'conveniently' for 'Steel Services', the
tribunal did not include
a summary of the impact of its determination
on the global sum demanded. (Thereby failing
in its remit). (See
Leasehold Valuation
Tribunal # 4 , # 6 and Mr John Prescott # 1.4 for
further detail)
Based on my surveyor's
assessment (*) , the outcome
of the LVT determination on the original
global sum demanded of £736,206.08 (US$1.3
million) (£564,467 (US$995,400) excl.
VAT and 11% management fees) was:
Amount disallowed because improvements: £169,498
(US$299,000) (£129,958 (US$229,150)
excl. VAT and fees) = 23% of
the global sum demanded
Amount for which the LVT could
not make a determination due to lack
of specification = £188,784
(US$333,000) (£144,745
(US$255,200) excl. VAT and fees) = 25.6% of
the global sum demanded
A view supported by the LVT,
considering the terms of the lease ( point
59 ), as well as the Royal Institution
of Chartered Surveyors best practice ( point
62 ), that the reserve fund should
be used as contribution: £141,977 (US$250,000) - or 19.3% of
the global sum demanded. (NB: The LVT does
not have the jurisdiction to enforce the
use of the contingency fund)
Leaving an amount that can be charged of £235,947
(US$416,000) - or 32% of the original sum demanded .
In other words, £500,000 (US$882,000) of
the global sum demanded was not considered
reasonable .
( * ) NB:
(1) It is based on my surveyor's
assessment of the LVT determination - given that
the LVT failed to perform its remit by not including
a summary of the impact of its determination
on the global sum demanded. (See Leasehold
Valuation Tribunal, including the Head of the LVTs' subsequent
refusals to have a summary included)
(Please note that my surveyor, Mr Brock, LSM
Partners, is a Chartered Surveyor, member
of the RICS. To which I will add: a highly
professional surveyor, with the utmost
level of integrity)
(2) In the £500,000
(US$882,000) I have included £141,000 (US$250,400)
of contingency fund. My Counsel raised
it as an issue during the hearing as Steel Services
/ Martin Russell Jones had not used it
as contribution towards the costs - and were
refusing to do so. (This is captured under point
34 of the 17
June 2003 LVT determination).
Back to list
(6) In its 17 June 2003, LVT/SC/007/120/02 determination, (ref #992 on the LVT database) the LVT was highly
critical of Mr Brian Gale's specification
e.g.
Point 44 - "The reports prepared
on behalf of the Applicant and provided to
the Tribunal were, in the words of [ ] , "a
wish list" for refurbishment of the subject
property to a high standard.
They do not seem
to have been prepared on behalf of
the Applicant having regard to its rights and
responsibilities under the lease.
The Tribunal would normally
expect alternative proposals to be
costed and produced, in order to make a proper
and considered judgement of the best way forward
to meet the obligations of both the landlord
and the tenants"
Point 46 - "In this case the
Tribunal was frustrated by the lack of detail
in the specification and in Mr Gale's evidence.
Works were not clearly identified, were
not measured where they clearly could have
been, and there was some element of duplication.
Some items were not specified at all,
e.g. the types and capacity of the
boilers"
Point 47 - "The tenders could
not be compared where there was no detailed
specification and it followed that the Tribunal
could not determine that costs were reasonable"
Point 16.07 - "It would appear
to the Tribunal from the above, and the evidence
given by [ ] that his instructions
were obviously client led rather than
an independent opinion.
The specification is considered inadequate
in that it is vague and lacked specific
detail e.g. the provision to "remove and replace with
new the boiler plant and all associated pipework.It
is noted that initially, there was no breakdown
of the specification until 7 March 2003"
Point 38 - "Mr Gale also accepted
that there were no boiler specification in
the tender document which merely stated "to
remove and replace with new the boiler plant
and all associated pipework"
Point 16.07 - "In the circumstances,
the Tribunal does not consider that it has
sufficient information to make a proper judgement
and therefore makes no determination in respect
of the boilers.
This is an area which, in the
Tribunal's view, alternatives and costings
should have been explored"
Please note that the sum demanded for the
boiler was £89,824 (US$158,000). Therefore,
with the addition of VAT and management fees
the total amount is £117,153 (US$207,000).
Very clearly, the lack of specification
identified by the tribunal was not addressed by Mr Gale
This is evidenced in Martin Russell Jones's letter, dated 21
September 2005 i.e. 2 years
and 3 months after the
LVT determination:" new pumps and a new control
panel are required for the boiler " .
(The fact that Martin Russell Jones has sent
me this "notice" suggests an intention
to charge me for the costs).
Points 19 & 20 - " [
] C Eng MCI Bsc of [ ] Engineering
consultants. said that the report on the condition
[of the lift] at the time had been 'a wish list"
Point 16.07 - "The recommendation
of [ ] and Associates. to prepare
a specification and drawings appeared to have
been ignored by Mr Gale in his own specification.
The
specification prepared by Mr Gale is
therefore insufficiently detailed to allow
for a quotation for this work, and he conceded
during the hearing that there may have been
an element of duplication.
Page 11 - 16.25 and 16.26 - "It does not
appear to the Tribunal that these costs in
respect of repairs and maintenance were of
such magnitude on their own so as to indicate
that replacement [of the lift] was
the only option.
Further the comment from [
] that the maintenance contractor had
failed to attend to check the lift for three
months appears to indicate that there was no
failure of the lift during that period, since
otherwise, presumably, complaints would have
been received from the tenants on an ongoing
basis, and no firm evidence of this was produced"
"The specification prepared by Mr Gale is
therefore insufficiently detailed to allow
for a quotation for this work."
"Further, no proper explanation has been
given for the increase from £27,300 (US$48,300) to £60,000 (US$106,000) [for
the lift] over a matter of months."
"the Tribunal is unable to make a determination
on the specification, since it is considered
inadequate"
This ended-up being excluded due to my being
conciliatory - as captured by the tribunal "However, the
Respondent has agreed £27,300 (US$48,200) and
this sum is therefore allowed"
Point 37 - "In respect of the
provision for downlighters Mr Gale said: I
agree that there is latitude for contractors
to fit 25 or 50 units. We may have to tighten
it up"
Examples of items in the 23% of the global sum
demanded which the tribunal disallowed because "improvements" and
therefore not chargeable to the lessees under
the terms of the lease:
Point 42 - "Mr Gale was questioned
on the provision of £20,000 (US$35,300) in
the specification in respect of the porter's
desk.
He also accepted that there could have
been a fixed, rather than a provisional
sum for this within the specification and said "it
was a time factor really". He acknowledged "there
is no specification yet"
Point 41 - "Mr Gale accepted
that he had been "upping the specification" for
the fire doors" .
As pointed out by the LVT in its determination - under
point 54:
"Assuming that, on a proper
construction of the lease, the services in
issue are covered by the charging clause, this
does not mean that the
landlord enjoys carte blanche to incur costs."
While the penultimate sentence under point 64,
on page 15 of the determination reads
"...the
Respondent and other tenants (NB:
!!!) could
not be forced to contribute in the
case of improvements and/or works
not determined as reasonable by the
Tribunal..."
Back to list
(7) What had Mr Brian Gale, MRICS, said about
the specification?
In his 13
December 2002 "Proof of Evidence of Landlord's
Expert Witness (Surveyor) Brian Gale" report
addressed to the LVT, under:
3.02 - "I confirm that the
Specification and Tender Document prepared
by Brian Gale Associates. did not contain any
known enhancement or improvement works."
3.04 - "I confirm that there
was no inclusions within the specification
or tender documentation intended to improve
or enhance any future potential development
of the site by either the freeholder or head
lessee"
3.05 - "I confirm that, in
my opinion, the extent of the works required
is reasonable."
3.05 - "I confirm that. the
cost of works detailed by Killby & Gayford
on 8 July 2002 and totaling£564,467 (US$995,300) represents
a reasonable assessment of the cost
of carrying out all necessary works" .
( £736,206
(US$1.3 million) with management
fee and VAT)
In his 24
February 2003 "Expert
report/Proof of evidence", under:
5.03 - "Even if there were
any justification (which is robustly denied)
in the Expert Report of Mr Brock on behalf
of this Respondent, to the amendment, or re-tendering,
to revise agreed Schedule of Works, it should
be noted that this will have significant and
unacceptable consequences, not only on the
other tenants, but to all parties concerned"
5.05 - "The proposed process
by Mr Brock of the amending and re-tendering
procedure would be time consuming, expensive
and entirely prejudicial to the majority of
tenants who, as stated above, have paid or
substantially paid, and in any event are in
agreement with the scope and extent of the
works"
5.06 - "In this respect,(and
aside from professional fees incurred in the
contentious Tribunal proceedings) any cost
savings from the original tendering procedure
will, undoubtedly, be more than absorbed by
the continuing delays and efflux of time"
5.07 - "The effects of inflation
and increased costs from the contractors will
outweigh any advantages of trying to trim back
the extent of proposed works to gain advantage
of the present situation. It should also be
noted that any alterations (revision of tender
and re-tendering etc) could well cost the tenants
significantly more for no reason and for a
less satisfactory finished product"
5.12 - "It is my honest opinion
that any attempt to save a modest sum
of money in the short term by curtailing
the extent of the works or specification
will, in the long term, be regretted.
(The
expression "penny
wise - pound foolish" is entirely applicable
in these circumstances, I believe)" (NB:
Contrast this with the determination
of the tribunal - as detailed above)
5.14 - ".Again, I confirm that
it is my professional and honest opinion, that
the works should proceed as tendered and priced."
Given events with West
London County Court,
I again draw your attention to
the penultimate sentence under point
64, on page 15 of the 17
June 2003 LVT report:
"...the
Respondent and other tenants (NB !!!) could
not be forced to contribute in the case
of improvements and/or works not determined
as reasonable by the Tribunal..."
...as well as draw your attention
to this pack (1.1MB)
which, among others, contains my analysis
of the 2002 and 2003 contributions paid
by the leaseholders. (The ICAEW attached
this information with its 29
August 2006 letter to me. Needless to
say that Martin Russell Jones and
its client had not previously supplied
me with this information - in breach of my lease)
It is worth noting that it is not the first
time that Mr Brian Gale's competence has been
under the spotlight - as evidenced by the High
Court case, Wallace
vs. Brian Gale Associates, 1994-1997
Back to list
(8) How to assess Mr Brian Gale's performance
in relation to the works?
Mr Brian Gale's remuneration was at 'least' 10%
management fee (2.3MB) added to the cost
of the works.
Considering the "defects" he
had identified in his February 2002 survey
- and the "remedies" i.e.
works required, as can be seen in this
pack (2.4MB) which contains extracts from
his February 2002 and 13 December 2002
reports, including photographs...
...the outcome
is, to say the least, FASCINATING .
The scaffolding started to be put in place in
the third
week of August 2004. Nearly two
years later, on 1
May 2006 , the works were not completed.
(See also the Photo
gallery )
Consider Ms Hathaway's letter of 16
June 2005
"The refurbishment of the front entrance
is progressing well."
...against the evidence contained in this pack
at June
2005 and one year later -
at 1
May 2006 . See the Photo
gallery for
additional evidence.
In addition to the lack of specification for,
among others, the boiler, evidently not
being addressed (as detailed above), in
his 19
October 2005 letter, Mr Gale also admits
to lack of proper supervision of the
contractors, as he wrote:
"...if you could .inform
me of any windows which stick. I
will then draw-up a schedule of work
which needs to be rectified to ensure that
Mansells undertaken (sic) work
properly which they have been contracted
to do."
He sent a follow-up letter dated 16 March 2006,
starting with
"The standard of workmanship undertaken
by Mansells has not been acceptable."
On 29
March 2006 I captured my reply on the
letter, stating, among others:
"Mr Gale's letter of 19 October 2005 suggested
that he had NOT PROPERLY SUPERVISED the works.
This letter confirms it"
"The 15 July 2002 demand to leaseholders
included over £60,000 (US$105,800) of
management fees for Mr Gale. He should not
receive this payment"
Of course, Mr Gale replied, in a letter dated 3
April 2004, arguing:
"we have been administering the contract
and checking the work undertaken
by Mansells"
In my 29 March 2006 letter I also voiced criticism
at Martin
Russell Jones. The 2
May 2006 (2.3MB) reply I
received 'from Mr Barrie
Martin' (i.e. Mr Andrew Ladsky ) - is
hilarious . You need to look at it
to believe it.
Among others, considering the overwhelming body
of evidence (e.g. in the above pack of 2 May
2006, as well as in this
pack (2.4MB)), note the gall in
the last sentence
"Your allegation is false and we
require your written acceptance that you
were wrong to make it"
(I assume there is a link with my 30
April 2006 (1.1MB) reply to Portner and
Jaskel. and that this is the best that Mr Ladsky
can do... for the time being) (See Notices
by landlord - 10 February 2006 for detail)
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(8.1) Mr Brian Gale continued to misrepresent the nature of the works undertaken to the very end
In relation to his 19
October 2005 letter, please note
how Mr Gale continues to misrepresent the works
undertaken:
"...Mansells, the contractors undertaking
the works.have now completed the external redecoration" .
"The external redecoration" ?
How about the construction of
the penthouse flat?
How about the conversion of flats
resulting in the addition of three other
flats?
These works resulted in 39
flats v. 35 flats at the start of the
works . (For evidence of 35 flats
at the start of the works see, for
example, point 7 of the 17
June 2003 LVT report).
Mr Gale and Mansell have a very unique
way of describing this type of work.
(At the start of the works, the description
placed in the main corridor read " replacing
asphalt roof " )
Back to list
(9) Consider that Mr Brian Gale has the
letters 'MRICS' after his name. And
consider the reason behind his actions:
Mr Ladsky et. al. and their aides - among
others, Mr Brian Gale - deciding that I (and
other leaseholders) would
be made to pay for this (2.4MB): the
CONSTRUCTION OF A PENTHOUSE FLAT, ADDITION
OF THREE OTHER FLATS AND RELATED WORKS - FOR
WHICH WE
ARE NOT LIABLE .
(This pack (2.3MB), as well as this pack (1.1MB) contain key evidential documents. As to the pay-off, it is evidenced by the block sale of flats in the latter part of 2006, beginning of 2007 which, of course, are in addition to the sale of the penthouse flat BGL 54 458 for £3.9 million (US$6.9 million) in December 2005, etc.
In October 2007, the selling price was £6,500,000 (US$11.5 millions)

Jefferson House
July 2002 |
|

Jefferson House
September 2005 |
To be more precise :
( PDF
of above diagram - at February 2006)
Back to list
(9.1) But no point wasting my time reporting Mr Gale to his 'trade association', the Royal Institution of Chartered Surveyors (RICS)
In light of my experience with the RICS following my complaint (1.1MB) against Martin Russell Jones, there is clearly no point my writing to the RICS to complain about Mr Gale as it can be guaranteed that it would return a verdict of : 'no malpractice'.
Fair minded, reasonable visitor to the
site, I assume that this section on Mr Gale,
in addition to the section on Martin
Russell Jones, have seriously undermined
your confidence employing a member of the Royal
Institution of Chartered Surveyors.
Mercifully - in spite of their trade
association - some surveyors do act in the
utmost professional manner e.g. my surveyor,
Mr Tim Brock, LSM Partners
MR ANDREW LADSKY ET. AL., MR BRIAN GALE, MS
JOAN HATHAWAY, MR BARRIE MARTIN, AS WELL AS THE LEASEHOLD VALUATION TRIBUNAL, CAUSED ME
TO DEVELOP THIS WEBSITE.
THIS OUTCOME IS OF THEIR
OWN DOING .
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