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Construction and technical expertise is the key to the successful outcome of the construction dispute

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Construction and Technical Expert Examinations

Construction disputes often occur: the perpetrator is disrupting the deadline, or the contractor does not want to take the job. To resolve the conflict successfully, there is a need to provide convincing evidence of its position.

The Veta Expert Group can determine the volume and quality of the work done, identify the reasons for the delay of construction, verify the object for the conformity of project documentation, calculate the costs of remedying the shortcomings and answer a lot of other questions.

Who is useful for construction and technical expertise

Construction and technical expertise is necessary for an objective understanding of the conflict arising. The examination is therefore relevant for all participants in the building legal relationship: investors, developers, contractors, and other interested parties.

When construction and technical expertise is undertaken

We specialize in integrated management of construction conflicts and understand how important it is to draw consultants on special knowledge to settle construction differences in time.

1

Forensic examination

It is conducted as the court appointed to clarify the points to be proved in the particular case. The Judge’s replies to questions which require specialized knowledge in the field of construction.

The expert conducts a full technical survey of the capital construction facility, records the general condition, compliance with the design and estimates, identifies shortcomings (if any). When the latter are detected, depending on the task, determines the causes of their recovery, the volume and cost of the restoration work. In the expert opinion, the expert responds to all questions raised and argues in accordance with existing construction and technical regulations.

 
 

Expertise allows the construction customer:

Prosecute unscrupulous contractors Prosecute unscrupulous contractors
Prove the safety of the building Prove the safety of the building
Identify the causes of accidents or defects Identify the causes of accidents or defects

Expertise allows
contractors:

Get payment of actually done work Get payment of actually done work
Reduce the amount of non-discontracts Reduce the amount of non-discontracts
Prosecute unscrupulous subcontractors Prosecute unscrupulous subcontractors
2

Technical survey of buildings and structures

Including the expertise of engineering communications

A technical survey of buildings and structures is carried out to assess the technical condition of the structures and the possibility of further safe operation.

Specialists determine the technical condition of the load and non-bearing building (estimated separately), establish the need for repairs or reconstruction. The survey provides proposals for the elimination of defects and specific recommendations that may extend the life of the capital facility.

Technical survey of buildings and structures
 
 

Expertise allows
the owner:

Check the technical condition Check the technical condition and make sure that the facility is safely operated
Establish the efficiency of engineering communications Establish the efficiency of engineering communications and options for their effective use
Improve the cost-effectiveness of the use of the facility Improve the cost-effectiveness of the use of the facility by applying the recommendations received
3

Expertise of project and estimates

Expertise of project and estimates

The examination of the project and estimates verifies its compliance with legislative and construction requirements. It allows to verify the validity of the technical, economic, and financial calculations of the project, the level of conformity with urban planning and social standards, the feasibility and safety of planned solutions and materials, the reliability of the planned volumes of tools, works, costs, resources, etc.

Experts study materials, analyze estimates, check their calculations, examine project documentation for compliance not only with construction norms and legislation, but also with security rules, rationality, and economic efficiency.

 
 

Expertise allows the owner:

Check the validity of the project and the amount of investment, the financial costs Check the validity of the project and the amount of investment, the financial costs
Check the validity of the project and the amount of investment Check the validity of the project and the amount of investment, the financial costs

Expertise allows the contractor:

Check the correct design and estimates to avoid alterations Check the correct design and estimates to avoid alterations
Prevent possible conflicts with the customer Prevent possible conflicts with the customer
4

Construction control

Including the examination of the volume and quality of construction

Construction Control is a multi-level verification system during construction. It ensures that the object is consistent with the design decisions and standards adopted. It takes place from the moment of preparation of the site to the admission. Specialists regularly go to the facility for fixing and surveying the construction progress, check the procedure for performing work and safety.

The volume, quality and cost of construction and installation works are examined for compliance with technical standards and design estimates after construction is completed. The estimates, project documentation, calculation of actual construction volumes is made, comparing with design and executive documentation, indicates an overstatement or underpayment by the customer.

Construction control
 
 

Expertise allows before trial:

Ensure independent control of construction Ensure independent control of construction for the customer to meet the time, volume and quality of work

Expertise allows in court:

Prove the performance of the project in the specified volume and qualityе Prove the performance of the project in the specified volume and quality

Notary examination

Construction and technical expertise is useful for fixing the condition of the facility in the main phases of construction:

  • When the contractor changes.
  • When the key stages are completed.
  • In the event of suspension of work for internal and external reasons.
  • In the process of hand over.
Notary examination

How we help at the negotiating table

At the pre-trial stage of the conflict, we will collect the necessary construction and accounting documentation, conduct an inspection of the disputed object, make calculations, and prepare a conclusion. It will help to take a reasonable position in the conflict.

If the case has come to trial

In the course of the court hearing, we will draw up the correct wording for expertise, protect the results of our examination and prepare objections to the opinion of the opponent.

Why Veta

Each expertise is being worked on by a team of our experts with different competencies: construction, economic, technical, financial, analytical. As a result of such synergies, persuasive conclusions are born.

We have accompanied the client throughout the construction conflict and defend our findings in the Russian State Arbitration Courts and international commercial arbitration.

We are based on four standards that ensure results

More about our approach

Сases

Case 1

The Gazprom New Headquarters in Minsk area of 62,489 m2

Description of the Stilobat facility and the pile field of the high-rise administrative building.

The examination was considered in the ICC

The dispute cost

$200,000,000+

The questions posed to the expert:

  1. Define the required period for extension of work for reasons not related to the contractor’s actions.
  2. Determine the change in the cost of materials to contract price.
  3. Determine the amount of actual additional expenditures.
  4. Determine the amount of additional required expenditures for extension dates of work.

Case 2

VTB Arena Park

The examination was considered in the LCIA

Description of the facility Engineering Systems Buildings 1 and 2 and a fragment of the underground part of VTB Arena Park Section 1.

The dispute cost

17,485,725,385 rubles. 77 cops.

The questions posed to the expert:

  1. Determine the difference between the actual cost of work and the cost of the subcontract.
  2. Determine the cost of eliminating defects.
  3. Determine the cost of staff recruitment for completion of the work.
  4. Determine the cost of own staff for completion of the work.
  5. Determine the cost of materials and equipment purchased to carry out defects.
  6. Determine the amount of the unexpended advance.
  7. Determine the amount of return of the unexpended additional advance with interest.
  8. Determine the amount of the fine for late refund of the additional advance and interest.
  9. Determine the amount of penalty for violation of the deadline

Case 3

POLIEF Terephthalic Acid Plant

Production Set consisting of 18 movable and immovable objects, including cable relay.

The examination was considered in the Arbitration Court of Tyumen region

The dispute cost

314, 277, 929 rubles. 43 cops.

The questions posed to the expert:

  1. Determine the cause of the cable crash. Whether the work carried out in the project documentation was in line with the project documentation and whether it could have caused the collapse.
  2. Set the cost of repairing the cable relay for the initial project and the project for which the restoration works were actually carried out.
  3. Install unused materials and equipment transferred to the contractor but not returned to the customer.
  4. Determine the volume and cost of the actual work done.
  5. Determine whether there are shortcomings in the original technical documentation and/or whether there have been changes affecting the duration of the work. If so, what period.

КЕЙС №4

Объект

Московский нефтеперерабатывающий завод Газпромнефть

Предмет экспертизы

Дороги и покрытия, технологические трубопроводы, эстакады трубопроводов, противопожарная и молниезащита, оборудование электроснабжения.

Место рассмотрения и защиты заключения

Арбитражный суд Тюменской области

Стоимость спора

9 304 932 527 руб. 40 коп.

Московский нефтеперерабатывающий завод Газпромнефть Московский нефтеперерабатывающий завод Газпромнефть

Вопросы, которые стояли перед экспертом

  1. Определить размер убытков из-за с устранением дефектов выполненных работ.
  2. Определить размер убытков из-за отказа подрядчика от исполнения договоров.
  3. Определить затраты генерального подрядчика на монтаж и аренду лесов.
  4. Определить стоимость фактически невыполненных работ.
  5. Определить объем и стоимость неизрасходованных материалов.
  6. Определить затраты на разработку исполнительной документации.

Case 5

Polyanka 44 Residential complex

The examination was considered in the Arbitration Court of Moscow

Место рассмотрения и защиты заключения

The examination was considered in the Arbitration Court of Moscow

The dispute cost

555,949,409 rubles. 31 cops..

The questions posed to the expert:

  1. Determine the conformity of the terms of the subcontract of the volumes, cost and duration of the work performed at the facility.
  2. Determine the amount of material resources costs directed to the subcontract works carried out.
  3. Is there any shortcomings in the work done? If so, determine the cost of eliminating them.
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