The execution of major works should not be done lightly. The know-how of professionals must be sought to avoid damage. But before starting anything, it is important to ask for an expert opinion to guarantee the quality of the work. We are going to reveal to you all that there is to know about this expertise.
The role of a construction expert
An expert performs a site survey before the work is carried out. He also examines the buildings in the vicinity to know the state of the existing constructions. He is also in charge of consulting the plans and techniques developed by the other service providers in order to validate, refute or improve them according to his vision. For example, this expert must be a professional in the construction sector to carry out a thermal study.
The importance of the expertise before the works
For an assured diagnosis, it is important to call upon construction experts. An expert’s preliminary study of the land is required to know if the construction or renovation is feasible. Some criteria can also be taken into account to resort to his service, such as the risk of water infiltration, the problem of cracking, construction defect, etc. This allows him to take the appropriate precautions to avoid the risk of damage during work. In addition, he determines the safety measures to prevent the nuisance that the neighbors may suffer due to the planned construction methods.
The process of the construction expertise
First, the client must call upon a lawyer to appoint an expert. The latter will then send a summons to the expert by registered mail to the different parties and their lawyers to attend the first meeting. This meeting will allow the expert to present the information at his disposal on the case to the parties. Generally, it is held around a table on the construction site in terms of “real estate-construction” disputes.
To better enlighten him, he will ask them a series of questions and request other documents related to the project, such as estimates or invoices. Once he has all the necessary information, he can make his first finding. The parties must discuss this finding so that it is done in an adversarial manner. Sometimes, a single expert meeting is sufficient, but in difficult cases, several are necessary.
After that, the expert must write a preliminary report. Once this report is delivered, the parties must express their observations through “statements”. The latter serves to support or refute the expert’s arguments. Among other things, for an objection to be valid, the party in question should have been present at the expert’s meetings. If not, a judge’s agreement is required if another meeting is to be held to include the new party.
The time has come for the expert to file the final expert report. At this point, no party can question his final words. However, the opposing parties can criticize this report before the court seized in the liability and compensation action.
Prohibition of the expert by law
An expert may be legally bound in the performance of his activity. According to article 238 of the Code of Civil Procedure, “The expert must give his opinion on the points for which he has been appointed. He may not answer other questions unless the parties agree in writing.
He must never make legal assessments”. In fact, the expert’s report only commits the expert to say that the judge is not held responsible for its content. It is the assessment of the latter that will therefore prevail in law. To defend his interests and to advise him, a lawyer must assist him during the meetings.
The cost of the expertise
The cost of expertise varies from 500 $ to 3 000 $ depending on the importance of the work and the experience of the expert. Although the neighbors and the companies intervening on the building site can solicit his service, it is up to the initiator of the work to take care of his remuneration.
