What is construction and technical expertise

Construction and technical expertise and its types

Expertise

- this is a study carried out by a person specially attracted for this purpose - an expert who has the required knowledge that its initiators do not possess.
The examination is carried out with the aim of resolving controversial situations and establishing facts of interest. Forensic examination
is a procedural action consisting of conducting research and giving an opinion by an expert on issues the resolution of which requires special knowledge in the field of science, technology, art or craft, and which are put before the expert by a court, judge, investigative body, person conducting the inquiry or investigator, in order to establish the circumstances to be proven in a specific case.
When conducting a forensic examination, the expert is endowed with a special procedural status, which determines the special procedure for its appointment, a strict list of subjects who can appoint and conduct it, as well as clearly established rights, duties and responsibilities. An extrajudicial examination
is a study carried out by a person specially engaged for this purpose - an expert who has the required knowledge that its initiators do not possess.
Extrajudicial examination is not related to legal proceedings; its scope of application is civil legal relations. However, it may be the basis for a trial or the initiation of a criminal case if, as a result of its conduct, sufficient facts for this are established. Repeated examination
is an examination carried out if the conclusion of the primary examination is found to be unfounded or raises doubts.

Types of expertise

Examination of the quality of installation and construction works

Based on this expert assessment, the construction’s compliance with established regulatory requirements, as well as design documentation, is checked. Actions must be taken on the basis of which the strength of the material can be determined through the use of non-destructive testing methods. Among other things, a final report is generated, which has legal force. Based on this report, the customer will subsequently be able to initiate legal proceedings and recovery of funds from the contractor if certain errors were made during the execution of the contract.

Technical condition examination

This research option makes it possible to carry out the process of assessing the technical condition, the characteristics of the damage that has occurred, and various defects. Also, in the process of research, the process of analyzing the reasons that caused such damage and consequences is necessarily carried out. Such an examination may be required if certain defects arise and it is necessary to obtain information on how they can be eliminated and what consequences may arise based on these defects. If there is a need to increase the load on the premises or it provokes the identification of anger in the building.

In case there is a need to confirm data on major repairs, or when the purpose of the building changes. Through such an examination, a detailed report is also generated, within the framework of which in the future it is possible to determine the full condition of the premises, as well as the possibility of its use for other purposes.

Examination of the cost of the object

Often, in the process of interaction between the customer and the contractor, certain disagreements arise regarding the implementation of established requirements. Carrying out an expert assessment allows you to clearly determine all the parameters of the cost of the object, as well as clarify all the information on the materials, methods and technologies that were used in the process of constructing the building.

Determination of the order of use

Here we must immediately say that the process of dividing the total share cost for the participants is being carried out. Most often, this type of research is used in the legal process, when it is not possible to carry out the process of dividing property on a voluntary basis, and there is a conflict of interest.

Noise and vibration measurements

This examination involves the implementation of a process of research into the intensity, as well as the frequency of vibration or noise, which can cause certain harm to human health, can reduce the level of performance and even lead to various injuries. The whole point is that it is through competent analysis that it will be possible to further carry out the process of improvement and modernization, which will create optimal conditions for working indoors.

In what cases is a construction and technical examination or forensic examination of a house necessary?

Work is carried out in the following cases: 1. If necessary, document the technical condition of buildings, wear and tear of structures, building structures, internal utility networks and equipment, external utility networks (including for the court); 2. If necessary, establish and record the quality of completed (in progress) construction, installation, insulation and finishing work (including for the court); 3. If necessary, determine the physical wear and tear of the building, building structures, internal utility networks and equipment, external utility networks (including for the court) and record its value; 4. If necessary, determine and record the quality of the work performed (in progress) on the development of design and working documentation (including for the court); 5. If necessary, record the volume and determine the cost of completed, uncompleted, poorly performed (performed) construction and installation, insulation, finishing, as well as design work (including for the court); 6. If necessary, determine the degree, volume and cost of damage caused during fires, floods, natural disasters, etc. (including for the court) 7. If necessary, perform reviews of the conclusions and reports of other organizations and persons (including for the court) ; 8. When demolishing a building; etc.

Forensic construction examination

Property developers are required to work in compliance with building codes, rules and laws. When the parties fail to reach an agreement and the case is sent to court, the construction examination proceeds to the court. In this case, the appointment of an audit is made by the court at the request of one of the participants in the process. When conducting such an audit, independent experts verify the authenticity of the information reflected in the design and estimate documentation, establish the causes of damage, and record the consequences. We list the aspects that include forensic construction expertise:

checking whether the cost corresponds to the volume of construction and installation work;
checking the progress of construction, the quality of work of building structures and utilities;
assessment of the extent of damage caused to the property.

An examination may have the purpose of evaluating previous research carried out by other experts to identify intentional errors made in someone else's interests.

Construction and technical expertise is a certain guarantee of the safety of an object if it is observed from the start of construction of a house or other building. Forensic examination is carried out when mistakes have already been made.

Solvable examination tasks

Depending on the goal, the tasks may include: 1. Obtaining a basis for allocating funds for repair and restoration activities (including through the court); 2. Determining the technical condition of a building or structure before purchasing or renting; 3. Obtaining grounds for carrying out repair and restoration work (including through the court); 4. Documentary confirmation of the quality of completed construction, finishing and installation work to the customer (can be used in court); 5. Identifying those responsible for the low quality of work performed (including for the court); 6. Collection of funds from those responsible for poorly performed or unfulfilled work (including through the court); 7. Collection of funds from persons whose actions led to the deterioration of the technical condition or emergency condition of structures, buildings, structures, etc. (including through the court); 8. Establishing the amount and confirming the fact of embezzlement of funds (including for the court); 9. Putting a building or structure into operation through the court; 10. Carrying out a scheduled inspection of buildings, structures, structures, internal utility networks and equipment, external engineering networks; 11. Carrying out inspections of buildings, structures, structures, internal utility networks and equipment, external engineering networks as prescribed by the bodies authorized to conduct inspections of operation and supervision; 12. Identification of those responsible for causing damage as a result of a fire, flood, etc. (including for the court); 13. Collection of funds from persons responsible for causing damage due to flooding, fire, etc. (including through court); 14. Establishing the safety and admissibility of carrying out measures for redevelopment in premises, installation and dismantling of individual structures (including for the court); 15. Identifying those responsible for deteriorating the quality of stay in the premises, increasing noise levels, deteriorating or stopping air exchange, increasing humidity, etc. (including for the court); 16. Establishing the cause of accidents and destruction of buildings, structures, building structures during construction and installation work and their operation (including for the court); 17. Establishing the cause of accidents during construction and installation work, as well as the operation of buildings, structures, structures, internal utility networks and equipment, external utility networks (for ships); 18. Identifying those responsible for accidents that occurred during construction and installation work, during the operation of buildings, structures, structures, internal utility networks and equipment, external utility networks (for the court). 19. Establishment and documentary recording of the fulfillment (non-fulfillment) of the obligations undertaken by counterparties to carry out construction, installation, insulation, finishing work, supply of equipment, materials, structures, etc.; etc.

Construction expertise: who conducts it and how

As we have already found out, construction and technical expertise is a whole scientific study on narrow construction issues. The requirements for the expert must also be appropriate, since the “purity” of the measurements taken and the facts recorded, their generalization, interpretation and the conclusions drawn depend on him as a direct researcher. These are the requirements:

1. The professional expert organization conducting the examination must be a member of the SRO - a self-regulatory organization (see Federal Law of December 1, 2007 N 315-FZ “On Self-Regulatory Organizations”). The SRO checks the presence of all necessary conditions for the full implementation of work and issues the appropriate permit. In general, expert activities are not subject to licensing, but the expert must have documents confirming the presence of higher education and experience in the construction industry. The expert's specialization must correspond to the specifics of the object of examination.

2. The expert must master scientific methods, be able to conduct experimental research and have access to all the necessary means and conditions for their conduct.

3. Laboratory research must be carried out only by a specialized laboratory that has a construction laboratory accreditation certificate.

4. A representative of an expert organization must have the skills necessary to present the results of the examination in court.

It is clear that if, for a pre-trial examination, parties to a construction conflict select expert organizations that suit both parties, then forensic experts are selected and appointed by the court. The court is guided by the following criteria:

• Price. • Speed of examination. • Availability of documents indicating sufficient experience and qualifications of experts.

The priorities that the court follows when appointing experts once again demonstrate the extreme desirability of pre-trial resolution of construction conflicts.

STE process

An expert organization (or expert) conducts STE in accordance with current building codes and regulations. The result of the actions taken is an expert opinion.

To conduct STE, an expert organization can use the following list of documents:

• data about the customer and the STE facility; • certificates and passports for the used construction materials and products that correspond to the detailed design, conditions of construction and operation of the STE facility; • as-built documentation, including general and special work logs, inspection reports of hidden work, as-built geodetic surveys; • design estimates, design, operational, repair, and other archival documentation for the STE facility; • work design, technological maps and diagrams; • samples of materials (if necessary) or fragments of structural elements; • construction risk insurance contract; • construction contract; • acceptance certificates for completed work.

The list and volume of initial data and documentation for carrying out STE is specified depending on the object of examination and types of urban planning activities.

The expert may request additional documentation on the subject of examination. It is important to remember that if we are talking about a forensic examination, documents can only be requested through the court, while during a pre-trial examination - in a free mode of communication with the customer.

The procedure itself goes through the following stages:

1. The court poses the question to the expert. 2. Submitting a petition to appoint an examination to the court. 3. The court issues a ruling to order an examination. 4. Familiarization of the expert with the case materials. 5. Appointment of inspection of the object of examination. 6. Inspection of the object. 7. Preparation of an expert opinion. 8. Submission of the conclusion to the court.

Read the first part of the material - “Construction expertise: when and why it is needed” - here.
The publication was prepared based on the guidance of the VETA expert group, the full version of which is available on the company’s website. About the company The VETA Expert Group (Otsenochnaya LLC) was created in 1999 and today is among the top 100 largest appraisal companies in Russia according to the rating agency RAEX (Expert RA). EG VETA is an officially accredited appraisal organization of the largest Russian banks: Sberbank, Alfa Bank, Gazprombank and Metallinvestbank. The company's civil liability is insured with a liability limit of 200 million rubles. Among OK VETA's clients are Beeline, Tele2, Rostelecom, OJSC GAZ, IES Holding, Gazprom, Transneft, Rosatom, Russian Railways, etc.

Stages of work, types of examinations

The work is carried out in four stages: - obtaining the grounds for conducting the examination; — preparation for the examination; — preliminary (visual) examination; — detailed (instrumental) examination.

The sequence of actions and scope of work at each stage include:
1. Obtaining grounds for conducting an examination:
The basis is: - court decisions to conduct an examination (when considering criminal cases);
— court ruling on conducting an examination (when considering civil cases); — contract for conducting an examination. 2. Preparatory work:
- familiarization with the object of examination, its space-planning and design solutions, characteristics of utility networks using materials from engineering and geological surveys: - selection and analysis of design and technical documentation (if any);
— analysis of contractual documentation; — drawing up a work program (if necessary). 3 .
Preliminary (visual) examination: - a complete visual examination of building structures, structures, utility networks and equipment in order to identify wear, defects, damage and other violations of the requirements of regulatory documentation based on external signs with the necessary measurements and recording.
4 .
Detailed (instrumental) examination: The composition of a detailed (instrumental) examination depends on the tasks assigned, but in general it may include: - work on measuring and measuring the necessary parameters of buildings, structures, elements and assemblies, as well as readings of utility networks and equipment, including the use of geodetic instruments; — instrumental determination of defects and damage parameters; — determination of the actual strength characteristics of the materials of the main load-bearing structures and their elements; — measurement of parameters of the operating environment inherent in the technological process in a building and structure; — determination of actual operational loads and impacts perceived by the structures being examined, taking into account the influence of deformations of the soil base; — determination of actual loads acting on utility networks and equipment; — determination of the actual design diagram of the building and its individual structures; — determination of design forces in load-bearing structures that bear operational loads; — determination of design loads in utility networks and equipment; — calculation of the bearing capacity of structures based on survey results; — calculation of actual operational loads in utility networks and equipment; — desk processing and analysis of survey results and verification calculations; — determination of the volume of work actually performed; — determination of the volume of poorly performed work; — determination of the cost of completed (not completed) work; — analysis of the causes of defects, damage and deficiencies; — drawing up a final document with conclusions based on the survey results; — development of recommendations for eliminating identified defects, damages and deficiencies; etc.

Types and tasks

The construction area is vast, each task has its own construction expertise.

Determining the quality of construction work

In this area, an independent examination of construction is carried out in order to identify errors made at the stage of construction work: construction, installation or repair.

Most often it is required to determine the person who violated contractual or construction standards. For example, when work under a contract was performed poorly and resulted in damage to the construction project, an examination is carried out to identify the real cause of the damage.

Checking design documentation

The design stage is also assessed. The examination of construction projects is intended to establish compliance of the developed documentation with the standards in force in this area. It allows you to identify errors in prices and coefficients, determines whether there are enough documents to begin construction of the facility, and calculates the strength of structures.

Checking the condition of buildings

An independent construction and technical examination is required to determine the deterioration of a building, research before purchase, and study damage that was received during operation or after a fire or natural disaster. The research is carried out in two stages: visual and detailed.

With the help of this study, it is possible to determine the safety of the building and identify structural elements that require replacement.

Timing of work

Depending on the tasks assigned, the specifics of the object, the scope of work, as well as the location of the object, the duration of the work can range from 10 to 30 working days. The exact duration can only be determined after receiving the initial data. You can find out the deadlines for completing the work in the following ways: - online in the section “Online determination of the cost and timing of the examination”
;
— make a request for an examination in the section “Application for examination”
;
— by contacting our specialists by phone: +7 (495) 641-70-69
;
+7 (499) 340-34-73
;
— make a request by email. email: [email protected] . ru
, different address.

What issues are resolved by the construction expertise of a private house?

In the field of litigation, analysis is required to address the following issues:

determining the degree of wear and tear of the structure;
checking the compliance of a residential building with SNiP requirements;
establishing the area of the room;
checking the compliance of the information with the specified information in the registration documents;
checking the legality of redevelopment;
determining the market price of property;
checking the validity of construction estimates and other design documents;
establishing the order of inheritance;
determining the causes of defects;
assessment of the consequences and severity of damage caused by a natural disaster or emergency.

IMPORTANT! The objectives of a particular analysis may vary depending on the nature and characteristics of the litigation.