Expert assessment in the field of construction is a professional process in which a licensed expert analyzes the technical, legal, and other aspects of a construction project or object to provide an independent expert assessment. Expert assessments are often required in legal proceedings, disputes between investors and contractors, and in many other situations. In Bosnia and Herzegovina, expert assessment in construction is based on laws and regulations that govern the construction industry, and it enables objective and legally accepted assessments. In this article, we will explain in detail the types of expert assessments in construction, who performs them, what the process looks like, and the approximate costs of expert assessments in Bosnia and Herzegovina.
What is expert assessment in the field of construction?
Expert assessment in the field of construction refers to the professional analysis and evaluation of construction objects, works, materials, and other technical aspects that may be the subject of a dispute. A construction expert uses their professional knowledge to provide an opinion on the causes, quality of work performed, compliance with regulations, and responsibility for any errors or deficiencies in construction.
Expert assessment can cover various aspects of construction works, including:
Quality of work performed (e.g., foundation construction, wall construction, roofing).
Safety of the object and compliance with construction regulations.
Design errors or execution of works.
Need for repairs or reconstruction of the object.
Assessment of damage value in case of accidents or object damage.
Expert assessments in construction are performed by qualified professionals, i.e., permanent court experts in the field of architecture or construction, and the results of these assessments can be crucial for making court decisions, resolving disputes, or for carrying out justified repairs and reconstruction.
Who performs expert assessment in construction?
Expert assessment in the field of construction is performed by authorized permanent court experts in the field of architecture or construction who are professionals in their field. In Bosnia and Herzegovina, experts are registered with the relevant professional organizations, and their work must be in line with legal norms and regulations. Construction experts are usually:
Construction engineers with many years of experience and specialization in specific areas of the construction industry (e.g., statics, construction materials, construction safety).
Architects who have expertise in designing objects and understanding construction regulations.
In Bosnia and Herzegovina, experts must be registered with the Federal Ministry of Justice at the entity level (Federation of Bosnia and Herzegovina). Additionally, experts must comply with all ethical guidelines and legal regulations that apply to their work, including compliance with laws on the construction industry and regulations governing court expert assessments.
Why hire an expert in construction?
Professionalism and objectivity: The expert uses their technical knowledge and experience to provide an unbiased opinion.
Legal guarantees: Expert assessment often has legal weight in court proceedings, so it is essential to hire a licensed expert so that the report is accepted in court.
Identifying the causes of problems: The expert helps in analyzing the causes and responsibilities, which can assist in the process of determining liability.
Quality of work: In the event of a dispute between the investor and the contractor, the expert can help in evaluating the quality of the work performed and any potential errors.
Types of expert assessments in construction
Expert assessments in construction can be different, depending on the specifics of the case. Some of the most common types of expert assessments include:
1. Expert assessment of the quality of work performed
This type of expert assessment is used to evaluate the quality of construction work and to check compliance with the project and applicable regulations. The expert analyzes the work on the construction site, reviews the work performed, and conducts necessary tests to assess whether the work has been performed in accordance with technical specifications.
This expert assessment is often used in cases of:
Disputes between investors and contractors.
Determining responsibility for errors in construction.
Checking compliance with technical norms and legislation.
2. Expert assessment related to construction damage
This expert assessment is used to assess damage that has occurred due to errors in execution, unfavorable weather conditions, inadequate materials, or other factors. The expert assesses the extent of the damage and proposes necessary corrective measures.
3. Expert assessment related to the design and execution of the object
This type of expert assessment deals with determining whether the project was built according to the approved plans and project documentation, and whether the project was executed in accordance with construction norms. The expert conducts analyses of static and other technical aspects of the object.
4. Expert assessment related to structural defects
This expert assessment refers to the analysis of structural defects in construction objects, such as problems with statics, foundation, walls, or roofing. The expert determines the cause of the problem and proposes solutions for remediation.
What does the process of expert witnessing in construction look like?
1. Engaging an expert
The expert witnessing process begins with the engagement of an authorized permanent court expert in the field of architecture or construction, who must be registered and specialized in the area that is the subject of the expert witnessing. The engagement of an expert can be initiated by the court, parties to the dispute, insurance companies, or investors.
2. Gathering data
The expert collects all relevant information necessary for the expert witnessing. This includes a review of construction documentation, design plans, reports on work performed, and possibly an inspection of the object or construction site itself.
3. Analysis and examination
The expert conducts a detailed analysis of all collected data and performs necessary examinations (if required), such as a review of construction work. At this stage, the expert determines all relevant technical and legislative aspects.
4. Preparing the report
Based on all collected data and analysis, the expert prepares a report that contains a professional assessment of the object's condition, the causes of problems, and potential solutions. The expert's report must be clear, precise, and supported by facts.
5. Presenting the report
The report is submitted to the parties that engaged the expert and can be used in court proceedings, lawsuits, or for making decisions on further steps in construction projects.
Cost of expert witnessing in construction in Bosnia and Herzegovina
The cost of expert witnessing in construction can vary depending on the type of expert witnessing, the complexity of the case, and the specifics of the object. Generally, the costs of expert witnessing are within the following frameworks:
For simple expert witnessing (checking the quality of work or basic damage assessment): varies by type of expert witnessing
For complex expert witnessing (statics, damage analysis, etc.): varies by complexity of expert witnessing
Costs can also vary depending on the specifics of the case, the timeframe, and the level of detail required for the analysis.
Conclusion
Expert witnessing in construction in Bosnia and Herzegovina plays a crucial role in maintaining the quality of construction objects and safety, as well as in resolving legal disputes in court or out of court. Professional construction experts provide objective, detailed opinions that serve as the basis for making correct decisions in all phases of the construction process. Given the importance and complexity of this process, engaging qualified experts is necessary for successfully resolving all issues in the construction industry.
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