Amicable assessment
Assistance in an amicable adversarial assessment: choice of the expert, drafting of the protocol, preparation of the materials, monitoring of the operations.
→ Real Estate · Sub-expertise
The expert assessment is often the key moment of a real estate dispute: it determines the amount of indemnities, the characterisation of defects, the valuation of assets. We assist our clients in every phase of the assessment — appointment, operations, representations, challenge to the report — to defend their interests effectively.
→ What we cover
Assistance in an amicable adversarial assessment: choice of the expert, drafting of the protocol, preparation of the materials, monitoring of the operations.
Request for the appointment in interim proceedings of a court-appointed expert, drafting of the remit, monitoring of the operations, representations in response, challenge to the report.
Preventive assessment before proceedings are commenced (precautionary expert assessment) to establish the factual elements and prepare the defence.
Technical assessments (construction, pollution, structure), valuation assessments (business, real estate, leasehold right), accounting assessments.
Preparation of each meeting, presentation of the factual and legal arguments, drafting of representations, management of the adversarial process.
Critical analysis of the report, challenge before the judge (method, reasoning, adversarial process), request for a supplement or a counter-assessment.
→ Our approach
01
Analysis of the dispute, choice between an amicable and a court-appointed assessment, definition of the key points to be settled by the expert.
02
Appointment of the expert (interim proceedings), drafting of the remit, formalisation of the scope and timetable.
03
Preparation of and participation in the meetings, drafting of representations, presentation of the factual and legal arguments, management of the adversarial process.
04
Analysis of the final report, defence or challenge before the trial judge, articulation with the main action.
→ Who we help
Appointment of an expert to identify the origin of defects and characterise the liabilities (builders, seller, neighbour), with rigorous monitoring of the operations.
Court-appointed assessment to value the business with a view to setting the eviction indemnity, defence of the methods most favourable to the client.
Assessment of environmental liabilities (soil pollution, contamination) with a view to a disposal or litigation: identification, quantification, liabilities.
Challenge before the trial judge of an expert report considered insufficient or erroneous: methodological criticism, request for a supplement or a counter-assessment.
→ Q&A
The amicable assessment is faster and less costly, but its evidential weight depends on the parties' agreement. The court-appointed assessment is longer and more costly but its conclusions bind the judge (subject to challenge). The choice depends on the parties' cooperation and on what is at stake.
Through interim proceedings before the competent court (judicial or commercial). The interim-relief judge appoints an expert if the assessment has a legitimate purpose (precautionary expert assessment) or if the dispute is ongoing. The appointment generally takes 4 to 12 weeks.
Highly variable depending on complexity: from €5,000 to €50,000 or more for complex technical cases. The judge sets a deposit to be paid by the claiming party, which may be topped up. The final fees are settled at the end of the remit.
Several options: request a supplement to the assessment, challenge the report before the trial judge (breach of the adversarial process, questionable method), request a counter-assessment. The counter-assessment is rare but possible if serious grounds justify it. A strategy from the outset, as soon as the operations begin, limits this risk.
→ Go further
Let's talk. We respond within one business day to qualify your transaction and direct you to the firm's most suitable lawyer.
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