Why call upon an expert and when?
Hiring a building expertise firm is often essential when faced with a building pathology (façade cracks, water infiltrations, etc.). The domain of Building expertise is quite large and complex. First of all, it thus appears interesting to learn about the role and the missions of a building expert.
For Individuals and Private entities
Why?: To make sure that the regulatory aspects which govern Project Ownership are strictly respected.
The risk:
Loss of guarantee: example among others: failure by the Project Owner to take out a damage to works insurance, can be opposed to him in the event the purpose of the property is put into question.
Loss of guarantee of the property: check that the insurances proposed by the company are quite in conformity and answer the guarantee of the building site (E&O, (errors and omissions insurance), in the course of construction, ten-year insurance)
Criminal co-responsibility: ensure effective materialization and justification of the laws relating to the fight against clandestine work (your responsibility with the company may be engaged).
Why?: To ensure that the regulatory aspects which govern project ownership are properly respected.
The risk:
Economic risk: Check that the insurances offered by the company are quite in conformity and meet the guarantee in relation with the field works (a plumbing work insurance does not cover the frame).
Correctional risk: Ensure that the day-to-day compliance with laws relating to the fight against clandestine work is effectively implemented. Report knowledge of the facts.
Why?: To ensure the deliverable is consistent with reciprocal requirements and commitments
The risk:
Economic risk: if the technical specifications and the inputs do not comply with the requirements and commitments, your property no longer presents the expected qualities (lifespan of the property and facilities, resale value).
Economic risk: Imperatively obtain the file of executed works (DOE) and property performance reports. If the property is sold, these will increase the value of the property.
Why?: To check that the insurer has taken over the entire claim with its related aspects.
The risk:
Economic risk: the contracts you sign requires the insurances to pay compensation. The objective of the insurance expert is to reduce contractual obligations to the minimum possible. The difference between your right to compensation and the minimum offered is an economic extra cost that you should not bear.
Technical risk: the lowest priced technical proposal of your insurer may present a material risk to your property.
For the Companies
1. Why?: To ensure that the company-specific regulatory considerations are adequately
taken into account.
The risk:
Current sanctions range from 75,000 euros to 225,000 euros with a prison sentence of up to 5 years.
correctional risk – example among others: “the installation of a non-compliant scaffolding that causes injury to workers” may involve the responsibility of the manager.
2. Why?: To ensure that the regulatory aspects of other stakeholders are properly considered.
The risk:
Correctional risk – example among others: “boundary of publicly owned land not respected”. In the event of injuries to a passer-by caused by non-compliance with the local by-law, the responsibility for the company and its leader may be engaged.
1. Why?: To ensure the safety and integrity of workers.
The risk:
Personal liability of the manager – an accident caused by unsafe installations of the building site may quickly entail the personal liability of the manager.
2. Why?: To ensure the proper technical development of the site
The risk:
Correctional risk – example, among others: “the constructive installation which does not comply with the Technical Study Office requirements will make the building unsuitable for its purpose; your obligation will be to resume the work. In the event of accident your responsibility is expanded and can be separated.
1. Why?: To ensure the fulfilment of contractual commitments
The risk :
Economic risk – Resumption at the expense of the company of contractual non-conformities.
2. Why?: To ensure proper technical implementation of the site
The risk:
Economic risk – Resumption at the expense of the company of technical non-conformities.
Why?: To check that the insurer has taken over the entire claim with its related aspects.
The risk:
Economic risk: the contracts you sign requires the insurances to pay compensation: the objective of the insurance expert is to reduce contractual obligations to the minimum possible. The difference between your right to fair compensation and the minimum offered are an economic extra cost which you should not bear.
Risk technical: Your insurer’s lowest priced technical proposal may pose a material risk to your client
