Construction is one of the most complex and responsible areas of economic activity, where engineering technologies, architecture, economics and law are intertwined. Errors or violations at any stage can lead to serious consequences: from deterioration of the quality of the object to litigation and major financial losses.
Engineering and technical construction expertise is actively used to protect the rights of customers, contractors, investors and equity holders in the construction industry. Among other things, it allows for an objective assessment of the condition of buildings and structures, determining whether the work complies with regulatory requirements, identifying hidden defects and establishing the causes of accidents or delays.
In judicial practice, construction expertise plays a key role as evidence: on its basis, the court makes decisions on the recovery of damages, penalties, elimination of defects, invalidation of certificates of work performed and other obligations.
The purpose of this article is to examine in detail:
- what is technical construction expertise;
- what types of expertise are used in practice;
- what is the difference between forensic and extra-judicial examination;
- who orders forensic examinations and how they are carried out;
- What are the most common claims made in construction-related litigation?
The material will be useful both for owners of real estate objects or customers, as well as for lawyers, arbitration managers, developers and equity holders who are faced with various controversial issues regarding objects of law.
Engineering and technical expertise: basic provisions
Technical expertise is a study of a real estate object, equipment, technical means or materials, the purpose of which is to determine the condition, quality, compliance with standards and the possibility of safe operation or to establish facts and circumstances related to the object of study.
The study is carried out by a specially appointed specialist with the necessary knowledge and experience. It is carried out at the request of interested parties to obtain professional answers to questions that require narrow competence. Expertise is always carried out within the framework of legal relations and serves to establish facts or resolve controversial situations. Often, customers do not have the necessary knowledge, so an expert is invited who is able to conduct an analysis and give an opinion.
Types of expertise
From a legal point of view, technical examinations are divided into:
- Judicial – assigned for use in the course of legal proceedings and are carried out strictly in accordance with the norms of the law.
- Extrajudicial – performed outside of the judicial process, but their results may become the basis for an appeal to the court.
- Appraisal – related to determining the market or replacement value of an object (for example, when dividing property).
- Control tests – carried out at the initiative of government agencies (Rostekhnadzor, Rospotrebnadzor, housing inspectorate, etc.).
The methods used are similar, the only difference is in the purpose of using the results.
Legal significance of expertise
The conclusion of the technical examination is an official document that can be used:
- in contracts for work – in disputes between the customer and the contractor;
- in disputes between owners of common or adjacent properties;
- in legal proceedings – as evidence in civil, arbitration or administrative cases;
- within the framework of insurance cases – to justify compensation for damage.
It is important to understand that technical expertise not only establishes facts regarding the objects of study, but also determines the reasons for their formation, possible consequences and ways of elimination. That is why the expert opinion has high evidentiary value both in commercial negotiations and in court.
The role of engineering and technical expertise
Expert research in the construction industry covers a wide range of issues. The main areas allow:
- Determine the causes, conditions and mechanism of incidents, and identify persons responsible for ensuring safe working conditions;
- Establish the possibility and develop options for the division or procedure for using property. Identify facts of illegal seizure, appropriation, destruction or transfer of objects;
- Determine the possibility of restoration and the cost of repair work due to fire, flood, accident, natural disaster or actions of third parties;
- Conduct an assessment of the technical condition of objects, identify the causes and conditions of destruction or loss of operational and functional properties. Establish compliance with regulatory requirements;
- Record the quality, volume and cost of the work performed and the materials used;
- Determine the market value of real estate.
An expert opinion becomes a key piece of evidence in resolving construction disputes, as it combines engineering analysis and legal evidence.
Evidentiary value of the examination
A correctly selected type of technical expertise allows not only to obtain reliable engineering data, but also to protect the interests of the parties in the legal field.
- Technical value is the ability to identify hidden defects, determine the causes of accidents and calculate the service life.
- Legal value – an expert’s opinion is evidence (Article 55 of the Civil Procedure Code of the Russian Federation, Article 64 of the Arbitration Procedure Code of the Russian Federation) and may form the basis of a court decision.
The range of situations in which engineering and technical expertise is used is extremely broad. The more accurately the expert establishes technical circumstances and facts, the stronger the legal position of the party will be.
What is a construction technical examination?
Construction expertise is a specialized study aimed at assessing the quality of design, construction, reconstruction and operation of buildings and structures. It is a type of technical expertise and is carried out using construction standards and regulations (SNiP, SP, GOST), as well as in accordance with the requirements of Russian legislation.
The purpose of the construction expertise is to:
- to establish the quality of the completed construction and installation works;
- check the object’s compliance with the design documentation;
- identify defects and violations of construction technology;
- determine the degree of wear and tear and the remaining service life of structures;
- assess compliance with safety and sanitary requirements.
Main types of construction and technical expertise
- Expertise of buildings and structures
- Checking load-bearing structures (foundations, walls, floors, roofs).
- Determination of actual wear and tear and remaining life.
- Establishing the causes of accidents, deformations and cracks.
- It is used when commissioning a facility, during reconstruction or disputes about the quality of construction.
- Expertise of engineering networks and communications
- Analysis of the condition of water supply, heating, sewerage, ventilation and power supply systems.
- Determining the quality of installation, causes of accidents, leaks, overloads.
- Often appointed in disputes about poor quality of public utilities or accidents at housing and communal services facilities.
- Equipment and machinery expertise
- Diagnostics of industrial equipment, elevators, boiler plants, electrical appliances.
- Determining the level of wear, reasons for failure, and correct operation.
- It is used in the context of labor protection, industrial safety and insurance disputes.
- Expertise of design and estimate documentation
- Verification of compliance of design solutions with standards (SP, SNiP, GOST).
- Analysis of the validity of the estimated cost of work.
- It is assigned in cases of overpricing of work, errors in calculations or non-compliance of design documentation with legal requirements.
- Ecological and sanitary-technical expertise
- Assessment of the impact of an object on the environment and human health.
- Checking compliance with SanPiN requirements and environmental protection standards.
- It is used in cases of violations of environmental regulations, emissions and pollution.
Technical aspects of construction expertise
Depending on the tasks, experts use different methods:
- Instrumental inspection of structures (ultrasonic examinations, thermal imaging, non-destructive testing of reinforcement and concrete).
- Laboratory analysis of building materials (concrete, brick, metal, waterproofing).
- Geodetic surveys to identify distortions, deformations and settlements.
- Calculation checks of load-bearing capacity, fire resistance, thermal characteristics.
- Comparative analysis of the actual parameters of the object with the requirements of the design and regulatory documentation.
Based on this data, an expert opinion is formed, containing:
- list of identified defects and violations;
- technical reasons for their occurrence;
- assessment of the impact of deficiencies on reliability and safety;
- possible options for eliminating violations and cost estimates.
Legal aspects of construction expertise
Construction expertise has important legal significance, since its results are used:
- in legal disputes between customers, contractors and investors;
- in case of insurance events (collapses, accidents, fires, leaks);
- when commissioning facilities or in disputes with supervisory authorities;
- in arbitration cases concerning poor performance of a contract (Article 720 of the Civil Code of the Russian Federation).
The main legislative documents regulating the implementation of construction expertise:
- Civil Code of the Russian Federation (Chapter 37 “Contract”);
- Urban Development Code of the Russian Federation (Federal Law No. 190);
- Federal Law “On Technical Regulation” (Federal Law No. 184);
- GOST R 53778-2010 “Buildings and structures. Rules for inspection and monitoring of technical condition”;
- SP and SNiP regulating the design, construction and operation of facilities.
The legal value of a construction expert assessment is that the expert’s conclusion is evidence in court (Article 55 of the Civil Procedure Code of the Russian Federation, Article 64 of the Arbitration Procedure Code of the Russian Federation). On its basis, the court may:
- recognize the work as having been performed poorly;
- oblige the contractor to eliminate the defects or compensate for their cost;
- recover damages and penalties;
- determine the volume of work actually completed.
Construction expertise combines engineering and technical analysis and legal evidentiary force. This makes it a tool not only for quality control, but also for protecting the rights of participants in the construction process - customers, contractors, owners, investors.
What is the difference between forensic and extra-judicial examination?
Construction and technical expertise can be conducted both at the initiative of the parties and by court order. Despite the similarity of research methods, these two types of expertise have fundamental differences in legal status, procedure and evidentiary force.
Forensic examination is a procedural action aimed at obtaining evidence in a specific case. It has a special legal status:
- the procedure for its appointment is strictly regulated;
- the circle of persons who have the right to carry it out is limited by law;
- The expert bears responsibility, including criminal liability, for the accuracy of the conclusions.
An extrajudicial examination is carried out outside the framework of the trial, but also by specialists with the necessary qualifications. It helps to resolve disputes between the parties, establish facts of legal significance, and prepare for possible legal proceedings.
Extrajudicial examination
Technical aspects:
- is carried out at the initiative of the customer (an individual, a company, a developer, an insurance company, etc.);
- experts use the same examination methods as in forensic examination (instrumental measurements, laboratory tests, calculations, analysis of design documentation);
- a conclusion is drawn up in free form or in accordance with GOST R 66.0.01–2017 (standards of forensic examination).
Legal aspects:
- the customer chooses the expert organization himself;
- the conclusion may be used in court as written evidence (Articles 55, 71 of the Civil Procedure Code of the Russian Federation; Article 64 of the Arbitration Procedure Code of the Russian Federation), but does not have the status of a “judicial expert opinion”;
- most often used for:
- pre-trial conflict resolution;
- obtaining an independent opinion;
Forensic examination
Technical aspects:
- appointed by a court order;
- carried out only by experts with special knowledge and accreditation;
- the range of questions is strictly determined by the court – the expert does not have the right to go beyond them;
- The results are presented in the form of a forensic expert’s report, which has binding legal force.
Legal aspects:
- is regulated by the Federal Law “On state forensic activity in the Russian Federation” (Federal Law No. 73 of 31.05.2001);
- the expert is warned of criminal liability for giving a knowingly false opinion (Article 307 of the Criminal Code of the Russian Federation);
- the conclusion of a forensic examination is an independent type of evidence and has increased evidentiary value;
- The court evaluates the expert opinion along with other evidence, but, as a rule, it is the expert opinion that plays a key role in making a decision.
The main differences between extra-judicial and forensic examination
Criterion | Extrajudicial | Judicial |
Initiator | Customer (individual or legal entity) | Court |
Legal status | Written evidence | Procedural evidence |
Normative regulation | Civil Code of the Russian Federation, contractual relations | Federal Law No. 73, Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation |
Evidentiary power | Relative (can be challenged) | High (but not absolute) |
Conclusion form | Free or according to GOST | Strictly procedural |
Responsibility of the expert | Civil law | Criminal (Article 307 of the Criminal Code of the Russian Federation) |
Target | Settlement of dispute, justification of position | Obtaining evidence in the process |
Practical significance of differences
- Extrajudicial examination is often used as a preparatory tool: the customer receives arguments for negotiations or a preliminary assessment of the prospects of the case.
- A forensic examination is necessary when the dispute has already entered the procedural plane: the court is obliged to consider its results among the main evidence.
- In judicial practice, there are common situations when the court, even in the presence of an extrajudicial opinion, appoints its own examination if the parties dispute the reliability of the data presented.
The main difference lies in the legal weight of the conclusion: an extra-judicial examination is an “additional opinion,” while a judicial examination is an official evidentiary instrument that is of key importance for the outcome of the case.
Who appoints a forensic engineering examination and how is it carried out?
A forensic construction examination is a procedural action performed at the request of the court as part of the consideration of a civil, arbitration or criminal case. It is carried out strictly in accordance with Federal Law No. 73-FZ “On state forensic activity in the Russian Federation”, as well as the norms of procedural law (Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation, Criminal Procedure Code of the Russian Federation).
Who appoints the technical examination?
- Judge (in civil and arbitration proceedings) – on his own initiative or at the request of a party.
- Investigator or inquiry officer – when investigating criminal cases related to accidents, violations of construction and operational safety rules.
According to Article 79 of the Civil Procedure Code of the Russian Federation and Article 82 of the Arbitration Procedure Code of the Russian Federation, a forensic examination is appointed if special knowledge in the field of science, technology or art is required for the correct resolution of the case.
How to formulate questions for an expert
- The questions are assigned by the court’s decision.
- The expert cannot go beyond these questions, but can point out circumstances revealed during the investigation.
- Examples of questions:
- Does the facility comply with SNiP and SP requirements?
- Are there any construction defects, what are their causes and consequences?
- What is the cost of correcting the identified deficiencies?
- What volume of work has actually been completed and does it correspond to the estimate?
The procedure for conducting a forensic construction examination
- Appointment of an expert examinationThe court issues a ruling stating:
- name of the expert organization or a specific expert;
- questions to be investigated;
- materials provided for research.
- Provision of materialsThe parties provide the expert with: design and estimate documentation, certificates of completion of work, contracts, survey results, photo and video materials.
- Conducting the researchThe expert applies:
- visual and instrumental examination;
- laboratory testing of materials;
- calculation methods for assessing the bearing capacity and stability of structures;
- analysis of design and estimate documentation.
- Expert opinion
- is drawn up in writing in accordance with established requirements;
- contains a description of the object, research methods, conclusions on each issue of the court;
- signed by the expert and sealed with the organization’s seal.
- Consideration of the conclusion in court
- the conclusion is announced at the court hearing;
- the parties have the right to ask the expert clarifying questions;
- If necessary, a repeat or additional examination may be appointed (Article 87 of the Civil Procedure Code of the Russian Federation).
Timeframe and cost of forensic examination
- The deadline is set by the court, but in practice it usually ranges from 30 to 90 days, depending on the complexity of the task and the questions posed.
- The cost depends on the volume of work and is paid by the party filing the petition or distributed by the court. Subsequently, the costs may be recovered from the losing party (Article 94 of the Civil Procedure Code of the Russian Federation, Article 106 of the Arbitration Procedure Code of the Russian Federation).
Rights and obligations of the parties
- The parties have the right to:
- propose a candidate for an expert or expert organization;
- formulate questions for the expert;
- be present during the inspection of the object;
- file motions for a repeat or additional examination.
- The parties are obliged to:
- ensure access of experts to the object of research;
- submit the necessary documentation;
- do not interfere with the research.
Legal significance of the expert opinion
- An expert’s report is an independent type of evidence (Article 55 of the Civil Procedure Code of the Russian Federation, Article 64 of the Arbitration Procedure Code of the Russian Federation).
- The court evaluates it in conjunction with other evidence (Article 67 of the Civil Procedure Code of the Russian Federation).
- An expert bears criminal liability for knowingly giving a false opinion (Article 307 of the Criminal Code of the Russian Federation).
- In judicial practice, it is the expert opinion that is often the decisive factor in making a decision.
A forensic construction examination is not just a technical study, but a procedurally significant procedure that provides the court with objective engineering information for a fair resolution of a dispute.
Types of construction expertise
Construction expertise is divided into several areas depending on the objectives of the study, the object and the tasks that the experts face. Each type of expertise is carried out according to its own methods and is regulated by separate regulatory documents.
Expertise in the quality of construction works
Objective: to identify defects and discrepancies between completed work and building codes and design documentation.
Technical part:
- inspection of load-bearing structures, partitions, finishing layers;
- checking the quality of concrete, brick, welded joints and other materials;
- application of instrumental methods: thermal imaging control, ultrasonic testing, geodetic measurements.
Legal part:
- used in disputes over contracts (Article 720 of the Civil Code of the Russian Federation);
- serves as the basis for collecting the cost of correcting defects;
- allows to prove improper performance of obligations by the contractor.
Expertise of estimate documentation
Objective: to check the validity of the estimated cost of construction or repair.
Technical part:
- comparison of estimates with current pricing standards (GESN, FER, TER);
- analysis of the actual volume of work and costs of materials;
- identification of overstatements and discrepancies in estimates.
Legal part:
- used in arbitration disputes when the cost of work is inflated;
- can confirm the unjustified use of funds;
- is regulated by the provisions of the Civil Code of the Russian Federation on contracts (Articles 743–744).
Expertise of design documentation
Objective: to establish the project’s compliance with building codes, technical regulations and safety requirements.
Technical part:
- verification of strength, fire resistance, and energy efficiency calculations;
- analysis of engineering solutions (foundations, floors, engineering systems);
- identifying errors that could lead to emergency situations.
Legal part:
- is carried out in accordance with the Urban Development Code of the Russian Federation (Article 49);
- mandatory for certain capital construction projects;
- can serve as evidence in court in disputes between the customer and the designer.
Technical expertise of buildings and structures
Objective: to determine the current technical condition of the object, its degree of wear and tear and remaining resource.
Technical part:
- inspection of foundations, supporting structures, roofs, facades;
- assessment of geometry, cracks, deformations, corrosion of metal structures;
- forecasting possible accidents and determining safe operating periods.
Legal part:
- regulated by GOST R 53778-2010 and SP 13-102-2003;
- used in case of insurance claims, accidents, collapses;
- used in disputes about the suitability of a building for use.
Expertise of engineering systems
Objective: to check the operability of the facility’s life support systems.
Technical part:
- diagnostics of heating, ventilation, water supply, sewerage, electricity supply;
- identifying the causes of leaks, overloads, and equipment failures;
- checking installation and compliance with SNiP and SP.
Legal part:
- used in disputes between the contractor and the customer under contracts for the installation of utility networks;
- may be assigned by the court in case of accidents and damage to neighboring premises;
- is regulated by the rules on contractual obligations and industrial safety.
Additional types of construction expertise
- Emergency situation examination – establishes the causes of collapses, fires, floods.
- Expertise in compliance with occupational health and safety and fire safety requirements.
- Energy efficiency assessment of buildings — verification of compliance of objects with the requirements of Federal Law No. 261 “On Energy Saving”.
- Environmental construction expertise – control of the impact of an object on the environment.
Each type of construction expertise has both engineering and legal significance. It allows not only to identify actual deficiencies, but also to use the conclusion as an evidentiary basis in negotiations, arbitration and judicial disputes.
Disputes about the quality of work
Basic requirements in disputes
- Recovery of the cost of eliminating defects
- Basis: Article 723 of the Civil Code of the Russian Federation (the customer’s right upon discovery of defects in the work).
- The examination determines:
- the nature of the defects (hidden or obvious);
- reasons for their occurrence (violation of technology, design errors, use of low-quality materials);
- cost of work to eliminate.
- Reduction of the contract price
- Basis: Article 724 of the Civil Code of the Russian Federation.
- The examination establishes to what extent the quality of the work performed deviates from the design requirements and SNiP/SP, and justifies the amount of cost reduction.
- Compensation for damages and penalties
- Basis: Articles 15 and 393 of the Civil Code of the Russian Federation.
- The examination confirms the cause-and-effect relationship between defects and damage (for example, damage to property due to a roof leak or destruction of a façade).
Reasons and causes for conducting an examination
Most often, customers initiate an examination in cases where:
- hidden defects that were discovered during operation were identified (for example, roof leaks, foundation cracks, deformation of supporting structures);
- the contractor performed the work in violation of technology or used materials that do not comply with SNiP/SP;
- emergency situations arose (flooding, destruction, fires associated with construction errors);
- the contractor refuses to acknowledge the deficiencies or correct them at his own expense.
Objectives and tasks of the examination
An expert opinion in such cases must answer key questions:
- Are there any defects or non-conformities in the construction project?
- What is the nature of the identified deficiencies – is it a consequence of operation or the result of improper work by the contractor?
- What are the consequences of defects for the strength, stability, safety and durability of the object?
- What is the cost of eliminating the identified deficiencies (repair work, replacement of materials, dismantling and re-installation of structures)?
Who is making the demands?
- Customers (investors, individuals, management companies) – if the contractor performed the work poorly.
- Shareholders and homeowners – when defects are detected in new buildings (for example, roof leaks, frozen walls, non-functioning ventilation).
- Local government bodies and government agencies – if the facility was built using budget funds and violations were identified during acceptance.
- Insurance companies – in recourse claims against the contractor if they compensated damages to insured persons.
Legal significance
The examination provides the court with the basis for:
- determining the amount of monetary claims (calculating the cost of elimination);
- establishing the contractor’s guilt and the cause-and-effect relationship between his actions and the defects that arose;
- checking the compliance of the work with the contract, design and regulatory documentation;
- qualification of defects as significant or remediable (which is important for the decision to terminate the contract or recover damages).
Examples from practice
The customer filed a claim for recovery of the cost of eliminating roof leaks and deformation of facade tiles. The examination revealed that the contractor used low-quality waterproofing materials and committed violations in the technology of fastening facade tiles. The court recovered 7.2 million rubles from the contractor for repairs.
The customer filed a claim against the contractor for cracks in the load-bearing columns. Experts found errors in the foundation calculations and the use of reinforcement. As a result, the court ordered the contractor to reimburse the costs of reinforcing the columns and replacing the defective elements.
The shareholders filed a lawsuit against the developer to recover the costs of eliminating numerous defects (freezing walls, cracks in panel joints, leaks). A forensic examination confirmed the poor quality of the work. The court recovered the cost of repairs from the developer, as well as compensation for moral damage.
Disputes related to the volume of work performed
Basic requirements in disputes
- Determining the actual volume of work
- Basis: Article 753 of the Civil Code of the Russian Federation (registration of certificates of completion of work).
- The examination determines whether the actual volume of work performed corresponds to that stated in the estimate and KS-2 and KS-3 acts.
- Refund for uncompleted work
- Basis: Article 1102 of the Civil Code of the Russian Federation (unjust enrichment).
- The examination records what work is indicated in the reporting documentation, but was not actually performed.
General characteristics
A requirement to reduce the cost of work (or services in construction) is made by the customer in cases where the facility is built with deviations from the terms of the contract, design documentation or building codes, but the defects are not critical and do not require complete rework.
Legal basis:
- Art. 724 of the Civil Code of the Russian Federation – the customer has the right to demand a reduction in the price of the work if defects are discovered, if they do not interfere with the use of the object;
- Article 723 of the Civil Code of the Russian Federation establishes the right to a proportionate reduction in cost in the event of poor quality work;
- The resolutions of the Plenum of the Supreme Court of the Russian Federation and arbitration practice clarify that a price reduction is permissible even if the result partially does not meet the established requirements.
Reasons and causes for examination
Conducting a construction examination in cases of price reduction is necessary if:
- the quality of the work performed does not meet standards, but the object as a whole can be used (for example, skewed doorways, uneven facade finishing, uneven floors);
- cheaper or lower-quality materials were used than those provided for in the estimate/project;
- deviations from design documentation were detected that affected operational characteristics (for example, a decrease in the thickness of the insulation, a decrease in the class of concrete, a simplification of engineering systems);
- the contractor does not voluntarily correct the defects.
Objectives and tasks of the examination
Forensic construction expertise should answer key questions:
- Are there any deviations from the design and regulatory documentation?
- Are the identified deficiencies significant or can they be compensated for by reducing the price?
- What impact do these defects have on the operational characteristics of the object?
- What is the market value of the work performed, taking into account defects?
- By how much should the contract price be reduced?
Who is making the demands?
- Customers under contracts – if the work is performed poorly, but the object can be used.
- Equity holders – when accepting apartments in new buildings, if the quality of finishing is lower than stated (for example, “finished” actually corresponds to “pre-finished”).
- Government customers – when performing contract work using budget funds, when the results do not correspond to the technical specifications.
- Commercial organizations – in the case of corporate construction (office buildings, warehouses, industrial facilities), if the contractor saved on materials.
Legal significance
The expert’s report allows the court to:
- confirm the presence of deviations from the standards and the project;
- qualify defects as fixable but reducing the value of the object;
- justify the amount of reduction in the contract price (based on market prices, estimated standards, FER/TER);
- eliminate unreasonable demands from the contractor for payment.
If the contractor claims that the deviations were agreed upon by the parties, the examination can establish whether such changes resulted in a reduction in cost and whether they comply with construction regulations.
Examples from practice
The contractor insulated the façade with a deviation from the design thickness of 5 cm. The examination confirmed that the building can be used, but the thermal performance characteristics are reduced. The court reduced the contract price by an amount corresponding to the difference in the cost of materials and work.
The apartments were transferred to the equity holders without the promised interior doors and with tiles of lower quality. An expert assessment calculated the difference between the actual and declared finishing. The court ordered the developer to reduce the price of the equity participation agreement and return part of the funds to the equity holders.
When accepting the object, it turned out that the contractor used linoleum of the 2nd class instead of the 1st, specified in the technical specifications. The examination confirmed the discrepancy in the characteristics of the material, calculated a reduction in the estimated cost. The contract price was reduced, and the contractor was refused payment of the difference.
Disputes related to construction deadlines
Basic requirements in disputes
- Collection of penalties for violation of deadlines
- Basis: Articles 330 and 405 of the Civil Code of the Russian Federation.
- The examination confirms the technical feasibility of completing the work within the established time frame and assesses the actual duration of construction.
- Termination of a contract due to significant violation of deadlines
- Basis: Article 715 of the Civil Code of the Russian Federation.
- An expert assessment can confirm that the delay was caused by the contractor’s actions and not by objective factors.
General characteristics
Construction and technical expertise on timing issues is carried out when it is necessary to establish:
- the actual start and end dates of the work;
- the volume of work actually completed at the time of the stop or delay;
- the presence of fault on the part of the contractor or, on the contrary, force majeure circumstances (force majeure, delay in financing, change of project by the customer);
- actual technological time frame for completing work (taking into account SP, SNiP and production regulations).
Experts analyze:
- construction schedule and calendar plan;
- certificates of completed work (KS-2, KS-3);
- design documentation and amendments to it;
- correspondence between the parties regarding the postponement of deadlines;
- production logs.
Objectives and tasks of the examination
The main objectives of the construction deadline assessment:
- Determine whether the contractor is at fault for the violation of deadlines or whether the delay is caused by the actions/inactions of the customer.
- Calculate the objectively required time to complete the disputed volume of work.
- Determine whether the organization, given the necessary qualifications and resources, could have completed the work on time.
- Confirm the validity of the accrual of penalties, fines and interest.
- Assess the amount of the customer’s losses (lost profits, additional expenses).
Who is making the demands?
- Customers (private and public): demand that penalties or damages be collected from the contractor for failure to meet deadlines.
- Equity holders under Federal Law 214: file lawsuits against the developer to recover penalties for delays in the transfer of apartments.
- Contractors: sometimes initiate an examination to prove their innocence (for example, if the customer delayed the provision of design documentation or financing).
- Government agencies: as part of inspections of the execution of government contracts.
Legal significance
The examination helps the court:
- confirm the fact and duration of the delay;
- determine the contractor’s real ability to meet deadlines;
- check the correctness of calculations of penalties and fines;
- establish the presence of guilt of the party and the causal relationship with the breach of obligations.
Courts often reduce the penalty under Article 333 of the Civil Code of the Russian Federation if it is clearly disproportionate to the consequences of the violation, but the expert assessment in such cases remains the key evidence.
Examples from practice
The developer delayed the delivery of the house by 9 months. The examination confirmed that there were no force majeure circumstances, and the reasons for the delay were related to organizational failures. The court collected a penalty from the developer under Federal Law 214 and compensation for moral damage.
The contractor cited an increase in the volume of work and a delay in the design documentation. The examination established that the work had indeed been changed by the customer, and the standard deadline for its completion exceeded the agreed one. The court found the delay partially justified and reduced the amount of the fine.
The customer demanded 15 million rubles in damages for the untimely commissioning of the facility. The examination showed that the contractor violated the technological schedule and did not provide a sufficient number of workers and equipment. The court recovered the damages in full.
Disputes related to accidents and destruction
Basic requirements in disputes
- Compensation for damage due to an accident
- Basis: Article 1064 of the Civil Code of the Russian Federation (general rule on compensation for damages).
- The examination establishes the cause of the accident (for example, collapse of the ceiling, flooding, fire) and determines the amount of damage.
- Recognition of an object as emergency or unfit for operation
- Basis: Housing Code of the Russian Federation, Federal Law No. 384 “Technical Regulations on the Safety of Buildings and Structures”.
- The examination records the building’s non-compliance with safety requirements.
General characteristics
Compensation for damages is one of the key types of claims in construction-related litigation.
Legal basis:
- Art. 15 of the Civil Code of the Russian Federation – a person whose right has been violated may demand full compensation for damages caused, including actual damages and lost profits;
- Article 393 of the Civil Code of the Russian Federation – the debtor is obliged to compensate for losses caused by non-fulfillment or improper fulfillment of the obligation;
- Articles 721, 723 of the Civil Code of the Russian Federation establish the contractor’s responsibility for the quality and timing of work;
- Article 1064 of the Civil Code of the Russian Federation is a general rule on compensation for damage (including damage to property).
Unlike penalties, which are usually fixed in nature, damages are compensated in the amount of actual expenses incurred and lost income, which requires mandatory expert confirmation.
Reasons and causes for conducting an examination
The appointment of a construction expert in disputes over compensation for damages is necessary if:
- the object has defects, and the customer is forced to involve third parties to eliminate them;
- due to a delay in commissioning the building, the customer lost income (for example, was unable to rent out the premises);
- property is damaged due to an accident or collapse (caused by construction defects);
- during government procurement, the contractor violated the contract, which entailed additional budget expenses;
- It is necessary to calculate the cost of restoration work to eliminate the deficiencies.
Objectives and tasks of the examination
The examination should provide answers to the following questions:
- What is the scope and cost of the work required to eliminate the identified deficiencies?
- Are the customer’s costs for eliminating defects in line with market rates?
- Is there a causal relationship between the contractor’s actions and the damage?
- What is the amount of actual damage (cost of rework, materials, restoration work)?
- What is the amount of lost profit (e.g. lost rent, lost income from operating the building, lost production)?
Who is making the demands?
- Customers: to recover the cost of eliminating defects and lost profits (for example, if the office is not put into operation and does not generate income).
- Shareholders: to reimburse expenses for eliminating defects in apartments and to compensate for delays in using housing.
- Government customers: in case of poor performance of government contracts, which entails losses to the budget.
- Commercial organizations: in case of downtime of production facilities or retail space due to construction defects or failure to meet deadlines.
- Contractors: sometimes make counterclaims if they have incurred additional costs due to the actions of the customer (for example, delays in payment or the transfer of design documentation).
Legal significance
The expert’s conclusion allows:
- prove the existence of losses and their amount;
- confirm that the customer’s expenses are economically justified;
- eliminate the overestimation of the cost of correcting defects;
- justify the calculation of lost profits (usually based on market data, lease agreements, financial statements);
- establish whether there is a causal link between the violation and the consequences (which is a key condition for recovery).
Without an expert opinion, the court, as a rule, does not satisfy claims for compensation for damages in full, since they must be strictly proven (clause 2 of Article 15 of the Civil Code of the Russian Federation).
Examples from practice
The contractor made mistakes when installing the roof, which led to leaks and damage to the tenants' office equipment. The expert examination confirmed the defects, calculated the cost of repairs and the amount of damage from damage to property. The court recovered damages from the contractor in the amount of 8 million rubles.
Cracks in the load-bearing walls and poor quality of finishing were found in the transferred apartment. The examination established the cost of eliminating the defects (450 thousand rubles). The court collected this amount from the developer, as well as compensation for moral damage.
The plant was unable to commission the workshop due to the contractor's failure to complete installation work on time. The expert assessment calculated the lost profit based on the average profit of the enterprise. The court partially satisfied the claim, recovering both damages (the cost of eliminating defects) and lost profits (RUB 3.2 million).
The work was carried out with deviations from the standards, which led to the destruction of the coating after 2 years of operation instead of the standard 5 years. The expert assessment calculated the cost of repeated repairs. The court recovered damages from the contractor in favor of the customer (regional administration).
Property disputes
General characteristics
Property disputes related to the division of property occupy a significant place in judicial practice. They arise both between individuals (for example, during divorce of spouses) and between organizations and investors (division of shares in construction projects, property complexes).
Of particular importance in such cases is the construction-technical and assessment expertise, which allows us to establish:
- composition of real estate,
- its technical condition and cost,
- the possibility of allocating shares in kind,
- market value to compensate one of the parties.
Legal basis:
- Art. 38, 39 of the RF IC – division of jointly acquired property of spouses;
- Article 252 of the Civil Code of the Russian Federation – division of property in shared ownership;
- Art. 130, 131 of the Civil Code of the Russian Federation – real estate as a special object of law;
- Art. 37, 245–250 of the Civil Code of the Russian Federation — rights and obligations of co-owners;
- Arbitration Procedure Code of the Russian Federation and Civil Procedure Code of the Russian Federation – the procedure for resolving property disputes.
Reasons and causes for conducting an examination
An examination of the division of property is carried out in cases where it is necessary:
- determine the real market value of real estate (residential buildings, apartments, land plots, industrial buildings);
- establish the possibility of physically dividing property in kind (for example, dividing a residential building into isolated apartments);
- find out the share of each participant if the property is not physically divided;
- determine the technical feasibility of redevelopment or reconstruction to allocate a share;
- check for unauthorized construction or changes that affect the value.
Objectives and tasks of the examination
Main tasks:
- Determine the composition and characteristics of property (residential, non-residential, land).
- Establish the value of the objects on the date of division or the date of the trial.
- Check whether it is possible to allocate a share in kind without violating building codes and safety requirements.
- Calculate monetary compensation to the party whose share cannot be physically allocated.
- Record hidden improvements or defects that affect the value (for example, an illegal extension or redevelopment).
Who is making the demands?
- Spouses during divorce: when dividing apartments, houses, land plots, commercial real estate.
- Co-owners of property: if a dispute arises regarding the allocation of a share or compensation.
- Investors and legal entities: when dividing property complexes (for example, a business center or warehouse premises).
- Creditors: when collecting on the debtor’s share in real estate.
Legal significance
The examination is the key evidence on the basis of which the court:
- determines the real market value of the property;
- makes a decision on the allocation of a share in kind or the payment of compensation;
- establishes a balance of interests of the parties (for example, when division is possible only through compensation);
- checks the legality of redevelopments and extensions.
The court cannot independently divide property or assess its value; experts (appraisers and construction engineers) must be involved for this purpose.
Examples from practice
The examination established that the division of the apartment in kind is impossible, since it is a single object. The court decided to award the apartment to one spouse with compensation to the other at market value.
The examination showed that the division of the object in kind is impossible (unified utility networks). The court ruled to secure the ownership right to one party and to collect monetary compensation in favor of the other.
Experts checked the possibility of allocating shares in kind. It was established that the house could be redeveloped into two separate residential blocks with isolated entrances. The court approved the division option.
When dividing property, one of the spouses demanded that an extension to the house be taken into account. An expert examination found that the extension was built without permission and violated building codes. The court refused to take its value into account when dividing.
Disputes with authorities - unauthorized construction, urban planning violations
General characteristics
One of the most contentious categories of disputes in the construction industry are cases involving government bodies – municipalities, architectural committees, state inspections. Most often, we are talking about recognizing objects as unauthorized buildings (Article 222 of the Civil Code of the Russian Federation) or about violations of urban planning, construction and sanitary standards.
In such processes, construction and technical expertise is of key importance, as it allows us to determine:
- compliance of the object with the requirements of legislation and regulations;
- the legality of constructing an object on a specific plot of land;
- admissibility of further use of the building;
- the possibility of bringing the object into compliance with standards.
Legal basis:
- Article 222 of the Civil Code of the Russian Federation – unauthorized construction;
- Urban Development Code of the Russian Federation (UDC RF) — urban development activities and permitting documentation;
- Housing Code of the Russian Federation (HC RF) – issues of reconstruction and redevelopment;
- Land Code of the Russian Federation (LC RF) – use of land plots for their intended purpose;
- Federal Law “On Technical Regulation”, SP and SNiPs – technical regulations and building codes;
- Code of Administrative Offences of the Russian Federation – administrative liability for violations.
Reasons and causes for conducting an examination
An examination may be ordered in cases where it is necessary:
- determine whether the facility complies with safety requirements, SNiPs, SP and sanitary standards;
- determine the fact of unauthorized construction (erected without permission, on someone else’s or non-targeted land);
- check whether it is permissible to legitimize the object by bringing it into compliance with the standards;
- identify the danger of building operation to the life and health of citizens;
- assess the possibility of reconstruction or redevelopment in order to eliminate violations;
- establish the actual boundaries and compliance of the object with urban planning regulations.
Objectives and tasks of the examination
- Confirm or deny that the object falls under the definition of an unauthorized construction (Article 222 of the Civil Code of the Russian Federation).
- Check whether the erected structure complies with construction, sanitary and fire safety standards.
- Determine whether the facility can be brought into compliance (through reconstruction, redevelopment, registration of permits).
- Determine the technical condition and the possibility of safe operation.
- Check whether the use of the land plot complies with its intended purpose and urban planning regulations.
Who is making the demands?
- Authorities (municipality, architectural committee, inspections) – if violations or unauthorized construction are detected.
- Owners of buildings or land plots – to protect rights to the object, to legalize the construction.
- Neighbors, shareholders, third parties – if their rights are violated (for example, when an unauthorized building interferes with the use of land or disrupts the insolation of residential premises).
- Developers – when challenging decisions to refuse to issue a permit for commissioning a facility or orders to eliminate violations.
Legal significance
The expert’s opinion plays a key role:
- confirms the fact of unauthorized construction (or refutes it);
- allows the court to decide on the issue of demolishing the building or the possibility of legalizing it;
- determines whether the property violates the rights of neighbors, sanitary and building codes;
- provides grounds for canceling the orders of supervisory authorities or confirming them.
The court cannot independently decide whether an object complies with technical standards; this requires an expert opinion.
Examples from practice
The examination established that the extension was built without permission and violated the insolation standards of neighboring apartments. The court recognized it as an unauthorized construction and ordered its demolition.
A residential building was built on the site. An expert assessment confirmed that the land use did not correspond to the permitted type. The court recognized the object as unauthorized, but provided the opportunity to change the land category if the conditions were met.
The examination revealed that the permissible area was exceeded and that fire safety standards were not met. The court ruled to suspend operation until the violations were corrected.
The owner tried to legalize a garage built without permission. An expert examination found that the object complied with the standards and did not violate the rights of neighbors. The court recognized the possibility of preserving it.
Insurance disputes
General characteristics
Insurance disputes in the construction and operation of real estate occupy a special place, as they are associated with determining the causes of damage, accidents and destruction of objects, as well as with assessing the cost of damage. The key tool here is construction and technical expertise, which allows you to establish:
- circumstances of the occurrence of the insured event;
- technical causes of damage (e.g. leaks, fire, collapse, flooding, building subsidence);
- the actual volume and cost of restoration work;
- the presence or absence of fault of the insured person, contractor or third parties.
Legal basis:
- Civil Code of the Russian Federation (Chapter 48 “Insurance”);
- Federal Law “On the Organization of Insurance Business” (No. 4015-1 of 11/27/1992);
- Law “On the Protection of Consumer Rights” (for individuals);
- construction and technical standards (SNiP, SP, GOSTs);
- judicial practice of the Supreme Court of the Russian Federation and arbitration courts.
Reasons and causes for conducting an examination
- refusal of an insurance company to pay insurance compensation;
- understatement of the amount of damage by the insurer;
- disagreement between the parties regarding the reasons for the occurrence of an insured event;
- doubts about the scope and cost of restoration work;
- suspicion that the damage arose as a result of poor construction or operation quality, and not due to insurance risks;
- the need to check for hidden defects that could have influenced the event.
Objectives and tasks of the examination
- Establish the actual causes of damage (for example, the flooding occurred due to a breakdown in utility networks, and not due to the fault of the residents).
- Determine whether the event falls under the terms of the insurance contract (an insured event or not).
- Identify the extent of damage and calculate the cost of restoration repairs.
- Check whether building codes and regulations were violated during construction or operation, which could have caused damage.
- Determine the presence of a cause-and-effect relationship between the event and the resulting consequences.
Who is making the demands?
- Insured persons (owners, tenants, developers, contractors) – in case of refusal or underestimation of insurance payment.
- Insurance companies – to verify the legitimacy of claims and identify attempts at insurance fraud.
- Courts – when considering disputes regarding the payment of insurance compensation.
- Third parties (for example, residents of an apartment building) – in case of damage related to an insured event (flooding, fire).
Legal significance
Expert’s conclusion:
- determines whether an insured event has actually occurred;
- confirms or refutes the grounds for payment of insurance compensation;
- establishes a fair amount of damages;
- can be used as evidence in court (Civil Procedure Code of the Russian Federation, Arbitration Procedure Code of the Russian Federation).
For courts, an expert opinion is key evidence, since it allows for the establishment of objective technical circumstances and the delineation of the responsibilities of the parties.
Examples from practice
The examination showed that the cause of the flooding was the wear of the cold water supply riser, and not the actions of the neighbors above. The court ordered the insurance company to pay compensation under the property insurance contract.
The insurer refused, citing violations of fire safety regulations by the tenants. An expert examination established that the fire was caused by a short circuit in the electrical wiring installed with violations by the contractor. The court recognized the event as an insured event.
The insurance company claimed that the collapse was due to failure to take operational measures. An expert assessment confirmed that the cause was excessive snow cover and underestimation of the load-bearing structures. The insurance claim was denied.
The examination confirmed that the facility had been built in accordance with the standards and that the damage had indeed been caused by force majeure. The insurance company was obliged to pay compensation.
Results
Construction engineering and technical expertise plays a key role in resolving engineering, property and legal disputes. It acts as a link between engineering and technical science and judicial practice, allowing to objectively establish the causes of damage, accidents, non-compliance of construction projects with the requirements of legislation and regulatory documents.
The practical significance of the examination is manifested in the fact that its results have a double value:
- technical – identification of actual circumstances, defects and violations, determination of cost and volume of work;
- legal – the formation of an evidence base that can directly influence the outcome of a trial or pre-trial investigation.
Expert opinions are in demand in a wide variety of areas:
- when resolving construction disputes regarding the quality of work, cost or deadlines;
- in property and insurance disputes, when it is necessary to establish the cause of damage and the amount of losses;
- in cases of disagreement with government authorities, for example, in cases of unauthorized construction or violations of urban planning regulations;
- in the context of legal proceedings, where the appointment of an independent expert allows ensuring the objectivity and fairness of the decision.
Given the growth in construction volumes, the complexity of engineering solutions and the tightening of the regulatory framework, the role of professional expertise continues to grow. For customers, it is a way to protect property rights and interests, for courts – an independent tool for establishing the truth, and for businesses – a guarantee of legal and financial security.
Recommendations
Qualified technical and construction expertise is an integral part of modern law enforcement, ensuring a balance of interests of all participants in construction and property relations.
In case of complex or controversial situations related to construction, operation of facilities or property claims, it is advisable to involve a specialized expert organization. Independent examination allows you to objectively establish the facts, identify the causes and consequences of violations, confirm or refute the claims made, and minimize financial and legal risks. Turning to professionals significantly speeds up the conflict resolution process and increases the chances of a fair and reasonable decision both in the pre-trial procedure and in the trial.
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