If a dispute arises concerning contractual matters, economics, time, or quality between the parties and a mutual agreement cannot be reached, a request can be made for Expert Assessment (Syn & Skøn), which involves conducting an assessment process.
Expert Assessment involves an independent building expert or assessor inspecting, reviewing the contractual conditions and assessment topics, and providing answers to the assessment questions.
The independent building expert/assessor must provide a technical understanding that clarifies whether the issue is due to the project itself, the execution, a combination of both, or neither. This assessment can be presented to the court and the parties involved to make a legal decision regarding the allocation of responsibility.
Expert Assessment is used at various stages and in different judicial instances. Regardless of the situation or stage of a case referred for expert assessment, the process is generally conducted according to the same guidelines.
Expert Assessment in the Context of the Arbitration Board
If AB documents (AB92/AB18, ABT93/ABT18, ABR89/ABR18) form the basis for the parties’ contractual framework, and the client is not a consumer, the case should, as a rule, be referred to the Arbitration Board for construction and civil engineering, or—if an arbitration case has already been initiated—to the appointed arbitration tribunal.
Read more about Expert Assessment at the Arbitration Board here.
Expert Assessment in the Context of the Courts
If AB documents (AB92/AB18, ABT93/ABT18, ABR89/ABR18) do NOT form the basis for the parties’ contractual framework, and the client is a consumer, the case should, as a rule, be referred to the general civil courts.
Expert Assessment within the Construction Complaints Board
The Construction Complaints Board (Byggeriets Ankenævn) handles complaints from private consumers regarding work performed by painters, masons, carpenters, joiners, floorers, kitchen fitters, stonemasons, thatchers, plumbers, paving contractors, landscapers, and earthworks, as well as deliveries of windows, exterior doors, and kitchen components.
However, the Board does not handle complaints related to work performed in connection with the construction of newly built houses/apartments with a total contract sum exceeding DKK 1 million, including VAT.
Read more about Expert Assessment in the Construction Complaints Board here.
Out-of-Court Expert Assessment in Danish “Udenretligt syn & skøn”
Out-of-court expert assessment is characterized by not being ordered by a court or the Arbitration Board and by the expert not being appointed by the court/Arbitration Board, but rather agreed upon by the involved parties.
Out-of-court expert assessment can be carried out when the parties agree that the dispute should not be resolved through the court or Arbitration Board.
Before conducting an out-of-court expert assessment, we recommend that:
- Coordination is made with all involved parties’ advisors, lawyers, insurance companies, etc.
- A process/decision agreement is developed and followed.
- A procedure is established for how the parties will resume cooperation after the out-of-court expert assessment.
OUR SERVICES MAY INCLUDE:
- Independent Evaluation: Assessing the case from all involved parties’ perspectives and exploring alternative solutions, such as mediation and arbitration, before proceeding with a formal expert assessment.
- Review of Documents: Examining various documents, such as contracts, descriptions, drawings, and correspondence between the parties, which should be part of the document list submitted to the court/Arbitration Board in collaboration with your lawyer.
- Assistance in Drafting Questions: Helping to formulate questions for the expert.
- Technical Review & Investigations:Conducting a technical review and investigations of the issues. Note that unilateral investigations or reports created after the case is filed generally cannot be used as evidence if the other party has not had the opportunity to contribute to the report’s preparation. The expert who prepared the report cannot serve as an expert witness in court.
- Preparation of Technical Questions: Preparing relevant technical questions for the expert’s submission to the court/Arbitration Board in collaboration with your lawyer.
- Technical Participation in the Expert Assessment: Assisting during the expert assessment process by presenting supplementary questions, clarifications, and issues related to the assessment theme in collaboration with your lawyer. Supplementary questions can be asked at various stages of the assessment and often during the assessment itself. Generally, if the parties agree, supplementary questions can be answered without further issue. However, if supplementary questions are rejected by one party, the expert cannot respond to them.
- Preparation of Supplementary Technical Questions: Preparing relevant supplementary technical questions for replication/rejoinder in collaboration with your lawyer.
- Out-of-Court Expert Assessment: If the parties agree that the dispute should not be resolved through court/Arbitration Board, we can act as a qualified, impartial, and competent expert in an out-of-court expert assessment.
KABELCHRISTENSEN has extensive experience in assisting with expert assessment cases arising between construction parties and has completed the expert assessment course offered in collaboration with the Arbitration Board by Molio. The Arbitration Board emphasizes that experts must have completed an expert assessment course to act correctly as an expert before the board or as an advisor to one of the parties in the case.
For a CV, please contact Tom Kabel Christensen at email tom@kabelchristensen.dk