What is an expert report and the architect as a expert witness
In this article we will do a small introduction to the expert reports in architecture and construction as well as the role of the architect as an expert witness.
Entry published by: Francisco Joaquín Jiménez González. Registered architect
Expert reports and the situations that give rise to them are highly complicated, as lawsuits and claims are involved in almost any matter.
We have written this post to cover everything related to expert reports and architectural surveyors, from their function and content to the fees they can charge.
Let’s get to it!
The expert report in architecture and construction
The architectural expert report will be a document in which a qualified technician will set out conclusions based on an analysis and investigation of the facts and situations that have given rise to its drafting.
It is usually carried out in the context of a judicial process or claim to assess the particular situation and has been commissioned by one of the parties present in the process.
Types of expert reports
Expert reports can have various purposes and types depending on the final use which they are written for. There is often confusion on this subject, so we will look at all the documents related to this area:
- Technical report. This is a document signed by a qualified technician describing the situation based on objective and concrete data without providing personal opinions. Examples of this type of document can be the Technical Inspection of Buildings (ITEs) of residential buildings.
- Opinion. Opinions are commissioned by an authority and are focused on obtaining specific evidence about the situation. In this type of document, hypotheses and opinions by the signatory technician are allowed in order to establish conclusions.
- Expert assesment. Expert reports are similar to expert opinions, but in addition to establishing a conclusion based on facts and data, the document usually also includes an economic valuation of the damage caused by the situation.
- Certificates. Certificates are short documents that are usually required for a specific administrative procedure requested by a specific body. Examples of this type are certificates of age of a dwelling or certificates of habitability.
However, the purpose of these documents is often confusing, so let us explain them in more detail.
Differences between a technical report and an expert report
The differences between a technical report and an expert report or opinion are the “limitations” on the actions of the technician who signs the document.
Thus, a technical report can only describe the situation in an objective and concrete manner. Thus, the technician cannot give an opinion on a particular case or make hypotheses.
On the other hand, in an expert opinion, being a document for a judicial process or out-of-court claim, the technician must, in all cases, draw conclusions about the particular situation on the basis of his knowledge and experience.
Therefore, in an expert opinion the technician will make both objective descriptions and subjective opinions, always based on his knowledge. It is understood that, without them, the technician would not be able to reach concrete conclusions about the causes of the situation that is the subject of the report.
Let us now see when this type of report is necessary.
When is an expert report necessary?
Expert reports are necessary in cases where there is a dispute or disagreement in a situation and damage of any kind has happened.
These disputes can be either court of out-of-court wise, depending on the context in which they occur. For example, an out-of-court dispute may be a report to value a damage by an insurer or by the insured to counter the company’s valuation.
In the case of judicial disputes, we will have party expert reports and judicial or independent expert reports.
Contents of an expert’s report
Now that we have seen the different types of reports, their differences and the situations that give rise to them, let us look at the content of an expert’s report:
- Background or/and context. This section describes both the people involved and the circumstances prior to the situation arising. Most times this is the most important part as here the architect is exposing the situation clearly and can give a proper image to the judge.
- Purpose of the report. This is an obvious but basic section of the report, where the architect specifies the purpose of the report and who commissioned it.
- Technical assessments. Based on the documentation in his/her possession, the architect will make an argumentation of the dispute and the different causes that have generated the situation, based on his/her experience and knowledge of the case.
- Conclusions. This is the most important section, as it summarises everything that has been explained in the report and sets out both the causes and possible repairs.
- Photographic report. Photographs of the building that is the subject of the report that support the technical assessment carried out.
- Documentary annexes. On many occasions the technician may also make use of documents to justify his valuations, so it is necessary to attach these documents in order to reference them correctly.
- Budget and damage assessment. In some reports it is necessary to make an assessment of the damage and the repairs that are necessary to restore the damage caused. This includes a complete and detail valuation of the damages.
Approximately this would be the structure of a standard report, although it is true that depending on each specific case, the report can be as complex as the particular case.
Who can be a legal expert?
Judicial experts are those professionals who are qualified by their training and experience to make value judgements in a specific field of knowledge. In many professions, this qualification takes place through professional membership.
In the case of legal expert architects, they must have the powers established by law to practise as architects and be members of the corresponding professional association.
These are the minimum conditions, while the experience and accreditation of this experience by the corresponding expert is always an intangible value.
Time limits and responsibilities in building
Ok, so we have already looked at many of the issues surrounding expert reports and their content, but what is claimable in building?
According to current legislation, building is one of the most regulated sectors due to the amount of applicable regulations and legislation. Based on this, we can establish three periods of liability in building.
- Liability for defects in finishing. This civil liability is for 1 year.
This liability affects the finishes of the entire work. This type of defect can be due to a wide variety of problems, such as collapsed doors, dirt, absence of mechanisms, problems with the colour of ceramic elements, etc. - Liability for defects or faults that affect the habitability of the dwelling. This liability has a duration of 3 years.
These defects affect all construction and installation problems that cause problems of habitability to the dwelling. For example, damp, thermal insulation, problems in the electricity, plumbing or air conditioning installations, for example. - Responsibility for the mechanical resistance and stability of the building. This is the most lasting and most serious liability, it lasts for 10 years.
This liability basically affects the structure of the building, both the foundations and the structure on the ground.
Liability for construction works in Spain is often a controversial and contentious issue in the construction sector, but regardless of one’s opinion, they are the rules of the game in the sector.
Conclusions
In general, expert reports have a very broad scope of action and, as these are legal proceedings, it is the expert’s job to demonstrate, with all the means at his disposal, the conclusions he has reached and the full extent of the situation.
Therefore, the expert and his or her skills become a key player that can tip the balance in the judicial process.
Here we end this article, do you have any thoughts on this topic? Leave it in the comments and let’s discuss it!
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