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.

Freeinitial information letter for court
1 daypreparation time after the necessary materials are received
For court proceedingsfeasibility, timeframe, cost and list of documents

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

  1. Are there construction, installation or finishing defects at the property? If so, specify their type, nature and location.
  2. Does the quality of the work actually completed comply with the contract, terms of reference, design and materials provided?
  3. Does the completed work meet the requirements of the applicable technical regulations and standards?
  4. What specific departures from the design, work methods or contract terms were identified during the property investigation?
  5. From a technical perspective, are the identified defects apparent or latent?
  6. Is the identified damage attributable to defects in the completed work or to normal wear and use of the property?

Quantities and cost

  1. Do the types and quantities of work actually completed match the information in the cost estimate, work completion records and other documents?
  2. What are the actual types and quantities of work completed?
  3. What is the cost of the work actually completed, taking account of its quantity and quality?
  4. What is the cost of the work completed to an adequate standard?
  5. What is the cost of the work completed to an inadequate standard?
  6. What is the cost of remedying the identified defects, taking account of the necessary work and materials?

Causes and methods of rectification

  1. What are the technical causes of the identified defects and damage?
  2. Are the identified defects associated with breaches of work methods, design solutions, material quality or use of the property?
  3. Are the defects technically remediable?
  4. What work and measures are necessary to remedy the identified defects?
  5. Can the defects be remedied through local repairs, or does the relevant element or area require complete reworking?
  6. Will the proposed repair method restore the property's normal performance characteristics?

Technical condition and use

  1. What is the technical condition of the property, structure or individual element under investigation?
  2. Can the property be used safely for its intended purpose with the identified defects?
  3. Do the identified defects affect the strength, stability, durability or normal use of the property?
  4. Are there signs of further development of deformation, cracks, leaks or other damage?
  5. Are additional instrumental, laboratory or specialised investigations required?

Documents, design and acceptance

  1. Does the property's actual condition correspond to the design, cost estimate and as-built documentation?
  2. Do the materials and structural solutions used correspond to the specifications and design provided?
  3. Can the quantity of work performed by a particular contractor be established from the documents provided and the inspection results?
  4. Do the work results correspond to the information in the handover and acceptance records?
  5. What additional documents or input data are needed to answer the questions posed in full?
Important: the expert should be asked technical rather than legal questions. Formulations such as “who is at fault”, “has the law been breached” and “is the claim justified” fall within the court's competence. Before filing a motion, it is best to adapt the questions to the circumstances of the particular case.