Expert Opinion in Construction Defect Claims: What You Need to Know

An engineer’s expert opinion is the foundation of any successful construction defect claim. Without a professional opinion, it is difficult to prove that the defect exists, that the contractor is responsible, and what repair is required. This guide explains everything you need to know about expert opinions in the field of construction defects.

Who Can Provide an Expert Opinion in Construction Defects

Not every engineer is suitable for the role. An expert opinion in construction defects requires a specifically qualified engineer. Generally, the following are involved:

• A civil engineer with proven experience in construction defect inspection.
• A construction engineer specialising in structures.
• Real estate experts with expertise in construction defects (primarily for diminution of value cases).
• Specialists in specific fields: installation expert, electrical expert, waterproofing expert.

It is important to choose an expert whose opinion is recognised and accepted in court. An engineer who issues an opinion for only one side of the dispute (unilaterally) must meet high standards of objectivity.

What a Comprehensive Engineering Expert Opinion Includes

A professional expert opinion in construction defects generally includes:

Background: description of the apartment, delivery details, and documents examined (contract, technical specification, plans).

Systematic description of defects: each defect is numbered and described in detail. The exact location in the apartment, the nature of the defect, photographic and visual evidence, and relevant measurements.

Causation analysis: a technical explanation of the cause of the defect. This is critical, because if the contractor can prove the defect was caused by improper use of the apartment, he may be exempt from liability.

Referral to standard: specification of the relevant standard that was breached. Israeli building standards (SI) define the minimum quality requirements for construction.

Repair costs: a detailed monetary estimate for repairing each defect. This is the basis for the claim amount.

How the Expert Opinion Influences Negotiations and Settlement

A good expert opinion is not only a legal tool, but also a negotiation tool. When the contractor sees a detailed and well-reasoned opinion prepared by the buyer’s expert, the likelihood of a large settlement increases:

The contractor understands that if he goes to court, he faces solid evidence. He also does not want the expert opinion to be disclosed during a prolonged process that could damage his reputation.

An expert opinion that reaches a higher sum than the contractor proposed in the settlement gives the buyer a significant advantage in managing the negotiation.

What Is a Court-Appointed Expert and When Is One Appointed

When reaching court, a court-appointed expert (sometimes called a “court expert”) is often appointed by the court. The opinion of this expert carries great weight, and often determines the outcome of the judgment.

Because of this, it is important to know that it is possible to propose names for appointing the expert, and in certain cases to examine whether the expert has connections with one of the sides.

5 Frequently Asked Questions

How much does an engineer’s expert opinion in construction defects cost?

The price ranges between 2,000 and 10,000 shekels and above, depending on the size of the apartment, the complexity of the defects, and the expert’s credentials. This cost can be claimed from the contractor as part of the damage. Investing in a comprehensive and professional opinion pays off when it adds tens of thousands of shekels to the settlement amount.

Can a single opinion cover multiple defects?

Yes, and it is even recommended. A comprehensive opinion that catalogues all the defects together with a total cost estimate is more efficient from both a financial and legal perspective. It also provides a clearer picture to the court.

Am I required to allow the contractor to be present at the engineer’s inspection?

You are not required to, but it is sometimes advisable to notify the contractor of the inspection and allow him to be present. This prevents allegations that the engineer inspected under improper conditions. However, an inspection conducted without the contractor present is also valid.

Is an old engineer’s opinion from two years ago still valid?

An old opinion may raise questions, but it is not invalid. The expert can be cross-examined about whether conditions have changed since the inspection. It is important to ensure that the inspection is conducted as close as possible to the time the claim is filed.

What do you do when the contractor’s expert opinion differs greatly from ours?

This is common. Each side chooses an expert who tends in its favour. The court will weigh both expert opinions, assess the credibility of each, and may appoint a court-appointed expert who will decide. If your expert is better qualified and better reasoned, your opinion will influence the outcome more.

For free advice and referral to qualified experts, contact the Lev-Taieb office: 072-2428822. Construction defects lawyer.