Expertise and Expert concerning construction sites–– Context and basic notions

In this first part of the 3-part series "Expertise and experts in the construction industry", the following topics will be discussed:

• the usual context ;

• the essential concepts to know :

  • those involved in the building process and their roles,

  • the different phases of a construction project,

  • data relating to the law (Spinetta Law) on guarantees and insurance in this field,

  • the organization of justice in France,

  • principles common to all expert appraisals.

First of all, we'd like to make it clear that we're only tackling the subject of this article in the context of construction techniques, and more specifically in the context of works covered by the French law of January 4, 1978, known as the "Spinetta Law".

On the other hand, this document is, in principle, aimed at construction technicians, whether they are called upon to work as experts or are already doing so, or simply have an interest in particular aspects of construction such as pathology, insurance, management, maintenance or after-sales service, and are therefore directly or indirectly in touch with the world of expertise for which they sometimes find themselves ill at ease, particularly because of the legal jargon.

The aim of this study is to enable them to better understand the context of the different types of expert appraisal in which they may be involved, and thus to intervene more effectively in the expert appraisal process. However, this document is by no means intended for legal specialists (magistrates, lawyers, etc.).

Problems related to the art of building have always existed, but the disorders and disputes that sometimes arise from it are still on the increase today, for a variety of reasons.

What's true for all areas of construction is even truer for housing, for here we're approaching a sociologically essential area, that of the "house" (our "corner of the world" as G. Bachelard wrote) and all the symbolism attached to it.

In addition, construction is covered by a very old form of guarantee, dating back to the Code of Hammurabi (18th century BC) and, more recently, to the Paris Commune: the "ten-year guarantee".

We must also take into account the significant technological evolution in construction, as well as the multiplication of regulatory texts during the previous century.

For all these reasons (technical, sociological, legal...), the grounds for litigation...