Back to news
Construction expertise of substandard repairs
25.05.2018 | 09:11
Construction expertise is very diverse
1) Let's analyze the case of any unfinished or substandard repairs that occur in the house, apartment, office or when repairing road surfaces.
2) We remember that usually without a contract with a detailed description of the works ordered by you, there is no sense in carrying out the construction expertise.
Those. in addition to the construction contract should be a table (estimates) with prices, size and work area, a detailed description of the work and the requirements for the quality of these works.
3) It is also important to keep the documents confirming your payment (these are payments, checks or receipts about the receipt of money by the executor).
4) And so you have a contract and payment documents. But you are sure that the work done does not comply with the contract.
5) Immediately photographed qualitatively, fixing carefully all-all to the smallest detail.
It is important to immediately fix the state of repair, without correcting or interfering independently in construction work.
These documents can be immediately sent to. mail for valuation of works.
In rare emergency cases, it happens that it is impossible to get to the original building site for some reason (for example, it is impossible to stop further construction, the entire construction site has collapsed, or raider seizure of office premises occurred, and other circumstances). For such extreme cases, when there are only documents, but there is no possibility to inspect the construction, sometimes, instead of building expertise, it is worth to go into the sphere of economic expertise (ie experts analyze the documents of the contractor himself, confirming that the builder actually bought materials, had equipment, staff, etc.).
But most often such a set of documents can be obtained only in the criminal process, with the personal involvement of police investigators.
6) But back to the standard situation, when you have access to your construction. Time does not work for you, speed is important.
Before applying to the court, pre-trial actions are taken to resolve the dispute.
Those. send an official claim signed by the injured party to the accused party.
Perhaps builders will correct mistakes or give weighty arguments for the cause of building miscalculations.
7) Before applying to the court you can also order a study of a forensic expert who does not have the status of expertise but will record all the circumstances at the construction site. This is especially important if further construction can not be stopped.
8) From mid-December 2017 in Ukraine, an expert examination is allowed without a judge's decision, i.e. on the appeal of any party to the dispute.
9) After applying to the court, you will receive the case number in court and you can immediately apply for a forensic examination.
10) Of course, you can wait for the judge to choose an expert for you to appoint an expert, but the judge's choice of the expert usually shock the participants, both in terms of time, and at an unbelievable price of expertise, and in the level of qualifications of the dedicated specialist and other circumstances.
The expert chosen without you is not a fact that he will be able to hear all your arguments.
But the main standard questions put to the examination, usually do not include consideration of your evidence.
As a result, your repair will be confirmed by formal signs.
Because the normatively provided consultation and the formation of individual questions for you on examination, you will already be deprived. The matter is that the consultation of the expert of the interested parties during the examination is extremely limited.
Therefore, your evidence will be sent to the expert only in writing through the court and at the judge's discretion, to give them to the expert or not, ie. everything will pass like a spoiled phone.
Those. in most cases, your evidence will not even reach and at some stage will be lost in shipments or in offices.
And the expert often responds to the standard hastily set by the judge or lawyer questions, from old examples, but not as not taking into account your individual circumstances.
Therefore, we advise you not to be too lazy and get a preliminary consultation of an expert, to write individually for you questions. There is no such thing as the same!
The expert for consultation, necessarily give contracts, estimates, projects and photos. But maybe the expert will ask for additional documents.
11) That is why most of the examinations of judges appointed by the judges are not willing to be paid by the parties to the dispute, but at this time the parties themselves conduct an expert examination in another less expensive, faster expert organization, with more qualified experts.
12) We remember that in the court there is an adversarial process.
Those. both sides can come with different examinations. Most often this is because experts answer different questions or experts examine different materials, objects.
But each side provides its arguments and expertise to the court.
Therefore, your confidence in the court depends on the quality of your preparation for the court, namely, on the quality of the expertise carried out.
Examination will not help if it is illiterate to apply in court and not insist that it is added to the case materials.
Back to news
1) Let's analyze the case of any unfinished or substandard repairs that occur in the house, apartment, office or when repairing road surfaces.
2) We remember that usually without a contract with a detailed description of the works ordered by you, there is no sense in carrying out the construction expertise.
Those. in addition to the construction contract should be a table (estimates) with prices, size and work area, a detailed description of the work and the requirements for the quality of these works.
3) It is also important to keep the documents confirming your payment (these are payments, checks or receipts about the receipt of money by the executor).
4) And so you have a contract and payment documents. But you are sure that the work done does not comply with the contract.
5) Immediately photographed qualitatively, fixing carefully all-all to the smallest detail.
It is important to immediately fix the state of repair, without correcting or interfering independently in construction work.
These documents can be immediately sent to. mail for valuation of works.
In rare emergency cases, it happens that it is impossible to get to the original building site for some reason (for example, it is impossible to stop further construction, the entire construction site has collapsed, or raider seizure of office premises occurred, and other circumstances). For such extreme cases, when there are only documents, but there is no possibility to inspect the construction, sometimes, instead of building expertise, it is worth to go into the sphere of economic expertise (ie experts analyze the documents of the contractor himself, confirming that the builder actually bought materials, had equipment, staff, etc.).
But most often such a set of documents can be obtained only in the criminal process, with the personal involvement of police investigators.
6) But back to the standard situation, when you have access to your construction. Time does not work for you, speed is important.
Before applying to the court, pre-trial actions are taken to resolve the dispute.
Those. send an official claim signed by the injured party to the accused party.
Perhaps builders will correct mistakes or give weighty arguments for the cause of building miscalculations.
7) Before applying to the court you can also order a study of a forensic expert who does not have the status of expertise but will record all the circumstances at the construction site. This is especially important if further construction can not be stopped.
8) From mid-December 2017 in Ukraine, an expert examination is allowed without a judge's decision, i.e. on the appeal of any party to the dispute.
9) After applying to the court, you will receive the case number in court and you can immediately apply for a forensic examination.
10) Of course, you can wait for the judge to choose an expert for you to appoint an expert, but the judge's choice of the expert usually shock the participants, both in terms of time, and at an unbelievable price of expertise, and in the level of qualifications of the dedicated specialist and other circumstances.
The expert chosen without you is not a fact that he will be able to hear all your arguments.
But the main standard questions put to the examination, usually do not include consideration of your evidence.
As a result, your repair will be confirmed by formal signs.
Because the normatively provided consultation and the formation of individual questions for you on examination, you will already be deprived. The matter is that the consultation of the expert of the interested parties during the examination is extremely limited.
Therefore, your evidence will be sent to the expert only in writing through the court and at the judge's discretion, to give them to the expert or not, ie. everything will pass like a spoiled phone.
Those. in most cases, your evidence will not even reach and at some stage will be lost in shipments or in offices.
And the expert often responds to the standard hastily set by the judge or lawyer questions, from old examples, but not as not taking into account your individual circumstances.
Therefore, we advise you not to be too lazy and get a preliminary consultation of an expert, to write individually for you questions. There is no such thing as the same!
The expert for consultation, necessarily give contracts, estimates, projects and photos. But maybe the expert will ask for additional documents.
11) That is why most of the examinations of judges appointed by the judges are not willing to be paid by the parties to the dispute, but at this time the parties themselves conduct an expert examination in another less expensive, faster expert organization, with more qualified experts.
12) We remember that in the court there is an adversarial process.
Those. both sides can come with different examinations. Most often this is because experts answer different questions or experts examine different materials, objects.
But each side provides its arguments and expertise to the court.
Therefore, your confidence in the court depends on the quality of your preparation for the court, namely, on the quality of the expertise carried out.
Examination will not help if it is illiterate to apply in court and not insist that it is added to the case materials.