Field of expertise
Judicial and amicable expertise
Two distinct settings, one and the same requirement of technical rigour and impartiality.
The problem
A construction dispute almost always involves conflicting technical accounts. Without an independent analysis the discussion stalls, each side holding to its own reading of the damage and of responsibility.
An amicable assessment is instructed by one or more parties outside any proceedings. Flexible and quick to arrange, it often leads to a negotiated solution without going to court.
A judicial assessment is ordered by a court within proceedings. The expert works within a strict procedural framework, respecting the right of every party to be heard.
In both cases the value of the work rests on the same things: verifiable findings, an explicit method and conclusions that never go beyond what the technical evidence supports.
Warning signs
- Lasting disagreement about the cause: when the explanations given by those involved contradict one another, an independent view becomes necessary.
- Refusal to carry out remedial works: a contractor disputing responsibility makes precise documentation of the facts essential.
- A claim reported to an insurer: a technical report allows the findings of a loss adjuster to be discussed on a factual basis.
- Proceedings under way or contemplated: lawyers and notaries need technical support to build or evaluate a case.
- A contested sale or estate: the real condition of the property and the cost of repairs must be established impartially.
Our assessment method
Review of the file
We read the contract documents, the correspondence between the parties and any reports already produced in order to define the scope precisely.
Meetings and site findings
Visits are arranged so that every party can attend and present its observations and documents.
Technical investigation
Measurements, targeted examinations and, where necessary, further investigation support each finding retained.
Reasoned report
The report sets out the method followed, the findings, the causes identified and the answers to the questions asked, together with the relevant figures.
In which setting
Arap CETIN is recognised as a sworn judicial expert by the Cour Supérieure de Justice and the Luxembourg Ministry of Justice. That appointment governs his involvement in proceedings and guarantees his independence from the parties.
An amicable report does not carry the procedural weight of an assessment ordered by a judge, but it is a technical document that can be put before the court and frequently forms the basis of an agreement between the parties.
Unsure about your building?
Tell us about your situation: we will set out the most appropriate scope of work and arrange the visit as promptly as possible.