What you can send
- a court order or draft questions for the expert;
- the statement of claim, defence, formal claim and correspondence between the parties;
- the contract, cost estimate, design, inspection or acceptance records and other documents;
- photographs of defects and existing reports.
Information letter for court
The information letter is prepared free of charge within 1 day after sufficient materials are received. The letter may state the feasibility of a construction and technical investigation, indicative timeframe and cost, a list of necessary documents, information about the specialist and willingness to provide explanations at a court hearing.
The information letter confirms the possibility of preliminary consideration of the matter, but is not an expert report and does not mean automatic acceptance of a court-appointed expert examination for performance.
Example questions for a construction expert examination
The questions are selected for the specific property, documents and subject of the dispute. Below are common technical formulations that can be adapted for a court order or a motion to appoint an expert examination.
Existence and quality of work
- Are there construction, installation or finishing defects at the property? If so, specify their type, nature and location.
- Does the quality of the work actually completed comply with the contract, terms of reference, design and materials provided?
- Does the completed work meet the requirements of the applicable technical regulations and standards?
- What specific departures from the design, work methods or contract terms were identified during the property investigation?
- From a technical perspective, are the identified defects apparent or latent?
- Is the identified damage attributable to defects in the completed work or to normal wear and use of the property?
Quantities and cost
- Do the types and quantities of work actually completed match the information in the cost estimate, work completion records and other documents?
- What are the actual types and quantities of work completed?
- What is the cost of the work actually completed, taking account of its quantity and quality?
- What is the cost of the work completed to an adequate standard?
- What is the cost of the work completed to an inadequate standard?
- What is the cost of remedying the identified defects, taking account of the necessary work and materials?
Causes and methods of rectification
- What are the technical causes of the identified defects and damage?
- Are the identified defects associated with breaches of work methods, design solutions, material quality or use of the property?
- Are the defects technically remediable?
- What work and measures are necessary to remedy the identified defects?
- Can the defects be remedied through local repairs, or does the relevant element or area require complete reworking?
- Will the proposed repair method restore the property's normal performance characteristics?
Technical condition and use
- What is the technical condition of the property, structure or individual element under investigation?
- Can the property be used safely for its intended purpose with the identified defects?
- Do the identified defects affect the strength, stability, durability or normal use of the property?
- Are there signs of further development of deformation, cracks, leaks or other damage?
- Are additional instrumental, laboratory or specialised investigations required?
Documents, design and acceptance
- Does the property's actual condition correspond to the design, cost estimate and as-built documentation?
- Do the materials and structural solutions used correspond to the specifications and design provided?
- Can the quantity of work performed by a particular contractor be established from the documents provided and the inspection results?
- Do the work results correspond to the information in the handover and acceptance records?
- What additional documents or input data are needed to answer the questions posed in full?