תוכן עניינים
Two Types of Expert Witnesses in Construction Defect Cases
Construction defect lawsuits typically require expert opinion to establish the existence and severity of defects and to quantify compensation. Two distinct professional roles are commonly used: the licensed real-estate appraiser (שמאי מקרקעין) and the licensed engineer or architect (מהנדס/אדריכל). Understanding the difference is essential for building a strong case.
The Role of the Engineer
The engineer (or architect) examines the physical condition of the property and identifies construction defects from a technical standpoint. Their opinion addresses:
- Which defects exist and what their technical nature is (e.g., waterproofing failure, structural crack, substandard materials)
- The cause of each defect (workmanship, design error, materials)
- The technical method and cost of repair
- Whether defects conform to Israeli Standards (Teken) and building regulations
The engineer’s report is the foundation of the defect claim — it is used to establish both liability and the cost of remediation.
The Role of the Appraiser
The real-estate appraiser assesses the economic impact of the defects on the property’s market value. Their opinion covers:
- Reduction in the property’s market value due to the defects
- Fair rental value of the property (relevant for alternative-accommodation claims)
- Any permanent diminution in value that cannot be fully corrected by repair
Appraisers do not assess the technical nature of defects — that is the engineer’s domain.
When Is Each Expert Needed?
In most construction defect cases, both experts are required:
- The engineer’s report establishes the defects and repair costs.
- The appraiser’s report establishes value reduction and rental-value data needed for additional heads of damage.
In small-claims proceedings (up to 35,500 NIS), courts sometimes accept a single combined expert. For higher-value claims, separate professional opinions are generally expected.
How Lev-Taieb Can Help
Selecting the right experts and instructing them correctly is critical to the outcome of a construction defect case. The attorneys at Lev-Taieb work with trusted engineers and appraisers and will guide you through the entire process. Call us at 072-2428822.
