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Issue of defining construction defects and failures
Šmahel, Milan
Submission of expert reports in litigation concerning the application of discount on previously purchased old real property due to subsequently discovered construction defects and failures led the author to write this contribution. An expert can be given various tasks in the area of this issue, for example, of specifying and determining: whether by the takeover date of real property by a buyer subject properties embodied defects and failures which the buyer had pointed out to a seller. Then, what costs the buyer must spend on removing subject defects and failures, whether defects and failures are caused by a common wear and tear of an object or by something else, and whether and which of the defects and failures originated from an old and worn object. Moreover, whether such wear and tear, with regard to a life span of individual construction components, was common or not and whether (by the takeover date) the objects were suitable for the use and purpose which they were intended (e.g. housing) for. Last but not least, whether it is possible to specify apparent defects and latent defects by discovered defects and failures, to determine price for real property by the sale date, including both determined price according to the price regulation and common price. Simultaneously, the expert can be given the task to express his view on expert reports attached to a file. Both a great number of tasks and a great number of discovered defects and failures mean a big amount of demanding work for experts. It is appropriate to deal with such work systematically right from the beginning so that conducted analyses, final defining of individual pointed defects and failures and final answers are factual, clear and in order. The author’s experience with the issue of dealing with reports in this area is the subject of this contribution.
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