Construction expertise: when and why is it needed

A forensic construction expert is a specialist who is hired to answer questions posed by the court and the participants in the process. Forensic examination is needed if the consideration of a case requires special knowledge in science, technology, and other fields of activity. One of the common types of research is construction and technical expertise. Its subject may be assessing the quality of construction and repairs, checking the validity of estimates and calculations, and calculating the damage caused. Expertise is carried out by specialists (experts) and organizations that are members of the SRO.

Read in the material how construction and technical expertise is carried out as part of a trial, how to correctly determine the subject of the study and pose questions, where to find an expert for the court.

What is construction and technical expertise in the Russian Federation

Expertise involves research on certain issues. The purpose of expert research may be objects and things, real estate, payment, settlement and other documents, the quality of work or services. Forensic examination of construction projects, works and documents is one of the areas of research. Its essence is as follows:

• a forensic construction examination is required if special knowledge of specialized specialists is needed to make a decision;
• participants in the case can order expert research on their own initiative, or file a corresponding petition in the process;
• the court may order an examination on its own initiative, and the parties will be able to prepare questions for research.

The production of forensic construction and technical examinations includes the study of documents and case materials, inspection of objects, work with estimates and calculations. To check the quality of work, services, materials and structures, tests, tests, and measurements can be carried out. Based on the results of the research, the expert must give accurate, objective and reasoned answers to all questions posed. If this is not possible, the expert must justify such reasons in his opinion or report.

Dear Clients!

The information in this article contains general information, but each case is unique. You can get a free consultation from our engineers using one of our telephone numbers - call:

8 Moscow (our address)

8 St. Petersburg (our address)

All consultations are free.

Expert commentary. Depending on the circumstances of the case, an independent or state construction and technical examination may be carried out. In both cases, experts are responsible for the completeness and reliability of their findings and conclusions. The difference between them lies in the powers of public and private experts, and some subjects of research.

An expert can prepare an opinion on the questions raised, speak in court and give explanations.

Regulatory acts

A forensic construction expert selects regulations to suit the purposes of the research. But there are also general guidance documents that apply to any type of examination:

• Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation, Code of Criminal Procedure of the Russian Federation - these codes regulate the procedure for legal proceedings, including in terms of conducting examinations;
• Federal Law No. 73-FZ () - contains requirements for state examination, organizations and specialists;
• Town Planning Code of the Russian Federation (), SP, GOST, SNiP, other regulations and by-laws in the field of construction.

Working as a construction expert involves the use of special research techniques and professional equipment. They are selected according to the subject of examination and the questions posed. For example, different methods are used to study estimates and assess the quality of building materials during repairs. The expert will indicate a list of standards and methods, as well as the rationale for their choice, in the text of the conclusion.

Forensic construction expert. Questions to the expert.

Evgeny A.

Expert in the field of certification, cadastre, real estate and design. Higher legal education, more than 10 years of work experience.

Ask a Question

Question to the expert

Hello! Can I find an expert for the trial myself? Can the court reject the nomination and appoint another expert?

The issue of choosing an expert and appointing an examination is decided at a court hearing. If an expert has a qualification certificate, the court cannot arbitrarily refuse to involve him in the examination. But the expert’s specialization will also be checked so that he can give answers to the questions posed.

How long can the examination take? If an expert delays issuing a report, can the court refer the questions to another specialist?

The period for conducting the examination cannot exceed 45 days. But for good reasons, the expert may apply to extend this period. Exceptional circumstances are required to transfer materials to another expert.

After the trial is completed, can I get a copy of the expert report on the property from the case?

Yes, participants in the process can receive not only copies, but also originals of documents previously submitted to the case file. The original expert report usually remains in court, but they are required to give you a copy.

If the expert did not answer 2 questions specified in the court ruling, is it possible to attract another specialist? Thank you in advance.

If the expert does not answer all the questions posed, an additional examination may be assigned. If necessary, other specialists may be involved in its implementation.

When is forensic construction and technical expertise needed?

Construction expertise, as determined by the court, can be appointed on the following issues:

• assessment of compliance of design, technical and other documentation with laws, regulations, standards;
• forensic construction examination of buildings and structures (for example, to assess the degree of readiness, determine the causes and nature of damage);
• assessment of damage caused by poor-quality work and unauthorized construction;
• examination of the quality of materials and structures supplied under the contract or used during construction;
• examination of documents for authenticity and correspondence of signatures.

Naturally, this is not a complete list of questions that can be posed to an expert. The subject of an expert assessment can be any real estate object, from buildings and structures to premises and garages.

What is a construction and technical examination, who can carry it out and what criteria should a construction project meet, says expert, managing director, lawyer, forensic expert, appraiser Vladimir Rusakov.

– What is construction expertise?

Vladimir Rusakov , forensic expert, lawyer, managing director

– Construction expertise is a set of studies that allows you to analyze the technical condition of an object. This type of examination is divided into several subtypes: examination of the organization of construction work, examination of the volume and cost of construction and installation work, examination of the quality of construction and installation work, examination of engineering systems and communications, assessment of the value of work in progress during construction conservation, examination of projects, determination of the amount of damage to real estate property, assessment of examination carried out by third parties, and other types. The list is not exhaustive.

– When is an examination needed?

– Construction examinations are recommended to be carried out in cases where it is necessary to establish compliance of the quality of the actual work performed with state standards, design requirements, and contracts. And also, if necessary, determine the volume and cost of the work performed; check the validity of design and estimate documentation; establish the causes of problems and damage, the cost of their elimination; assess the wear and tear of networks and structures; determine the procedure for using and allocating a share in the disputed homeownership; assess the quality of finishing work, major repairs, restoration and in other cases when it is necessary to evaluate and examine the object.

– Who can conduct a construction inspection?

– Only specialists with appropriate education, sufficient experience in the industry, and possessing special knowledge have the right to conduct this kind of examination. Construction examinations are carried out in case of disputes during the stages of preparation and construction of the facility. In this case, the examination is pre-trial, and most often it is called a construction audit. Construction examinations can also be carried out at the stage of judicial proceedings in arbitration, civil, administrative or criminal proceedings. In this case, such an examination will be a forensic construction one. Moreover, in the framework of a criminal case, construction examinations are appointed by the investigator or prosecutor. In the case of a civil, administrative or arbitration case, construction examinations are appointed by the court. Construction expertise can be initiated by both the customer of construction work and the contractor, since disagreements often arise and this issue cannot be resolved without additional research by independent specialists.

– What are experts looking for?

– Depending on the nature of the questions posed for research, the examination can be comprehensive or commission. During a comprehensive examination, several specialists from different fields answer the questions posed to the experts. In case of a commission examination, at least two specialists of a similar profession carry out the examination. This feature of the examination is due to the fact that when conducting a construction examination one has to deal with diverse issues related to the identification of violations and defects in work and materials. Most often, during construction, experts encounter defects caused by the low competence of designers, estimators, builders, and low-quality materials used in the construction or repair of objects.

NB HELP

When assessing the quality of construction work, many different indicators are taken into account:

1. Indicators of quality management systems for construction participants. 2. Quality indicators of technological processes of construction and installation work (assessed separately for each category of work). 3. Final characteristics of structures related to their strength, safety and appearance. Assessed on the basis of direct control at the construction site.

If necessary, the indicators are compared with established standard values.

Based on the results of the construction examination, an expert opinion or a “Specialist Opinion” conclusion is issued.

Types of forensic examinations in construction

In order for a construction forensic expert to begin an investigation, it is important to determine the subject of the investigation. This is done by the court or the initiator of ordering the expert opinion. Below we will talk about the main types of examinations. associated with special knowledge in construction, cadastre and real estate.

Forensic examination of construction works and objects

The need to conduct an examination of an object or construction work may be associated with the legalization of unauthorized construction, a dispute between the customer and the contractor, or the inability to undergo cadastral registration and registration. Expert studies can be ordered on the following issues:

• examination of the structure for the court to determine the legality of the construction of the facility, compliance with building codes and safety regulations;
• technical and forensic examination of the building to determine its characteristics and the nature of damage;
• research on the quality and volume of work performed under the contract, design documentation, estimates;
• independent examination of building materials and structures, their compliance with regulations, contract terms, and design documentation.

The procedure for conducting a judicial construction and technical examination

The practice of forensic construction and technical examination may differ for different types of studies. However, the algorithm for its implementation will be the same, as it is prescribed in codes and laws. Below he will tell you about the main stages of expert activity and the rules for drawing up conclusions.

Selecting an expert organization

The plaintiff or defendant in court can independently choose an expert organization and indicate its details in the petition. If the initiator of the examination is a court, it will select an organization from the accredited list. In large cities there are institutions, bodies and centers of forensic construction and technical expertise, so there will be no problems with the choice. If the object of expert research is not located at the organization’s location, the customer pays additional travel expenses.

Advantages of contacting our company

Our company is one of the leaders in the market of expert services and carries out inspections of objects of any complexity. The staff consists of experienced and qualified specialists who have all the necessary permits for expert activities. By concluding an agreement with our company, you receive obvious advantages:

• forensic construction examination in Moscow will be carried out in compliance with the deadlines agreed in the contract and will meet all legal requirements;
• an expert may speak in court or other authorized bodies if clarification of the conclusions and controversial issues set out in the conclusion or report is required;
• the cost of the work performed corresponds to average prices on the market;
• At all stages of the forensic construction and technical examination, we will provide consulting support to the client and explain the legal norms.

To clarify all the terms of cooperation with our specialists and agree on the cost of services, take advantage of a free consultation. To do this, you can contact the office, call the numbers listed on the website, and leave your questions in the feedback form.

List of useful documents

Documents for download:

How much does construction and technical expertise cost?

The cost of conducting a technical examination depends on its type, subject and objects of research, the list of questions posed; the costs of the examination are borne by the initiator of the petition. Once the process is completed, costs can be recovered from the losing party. If an expert study is ordered at the initiative of the court, the costs are paid from the budget, but are subsequently distributed between the parties. Preliminary prices for construction and technical expertise in Moscow can be found in the table below.

Goals and objectives of the examination

Construction expertise is the control of completed construction, installation or finishing work. It is based on analysis using a variety of methods and comparison of the data obtained with regulatory documents and the legislative framework.

The primary goals pursued by construction and technical expertise are the following:

• determine the scale of construction and its cost;
• establish the degree of physical deterioration of buildings, its individual elements, and engineering systems;
• compare construction design documentation and legislative standards specified in GOST;
• control the quality of construction structures and materials;
• inspect the structure before changes in design, when adding additional elements to the building or during redevelopment;
• assess the amount of damage caused by various natural disasters or accidents;
• provide an independent assessment of real estate during legal proceedings.

Construction and technical expertise is also used in the procedure for dividing real estate or land and establishing the right to use it.