How much does an expert report on construction defects cost?

Question

José Manuel Alburquerque · Accepted Answer

There is no official price, because each technical expert sets their own fees freely and professional associations are not allowed to publish fee scales. As a very rough guide, it can range from a few hundred euros for a specific defect in a flat to several thousand for a building with many defects. The price depends above all on the size of the home or building, the number of defects, the tests that need to be carried out and whether the expert then has to go to court to defend their report. The prudent course is to ask for two or three written fixed-price quotes stating what they include. If you win the case and the other side is ordered to pay the costs of the proceedings, you may recover what you paid the expert, in whole or in part. What the price depends on The floor area and the type of property. A flat is not the same as an entire building with its common parts. The number of defects and whether they have different causes. The tests required, such as test openings, which are small holes made in walls or floors, moisture readings or thermal imaging, which helps to locate damp and insulation faults. Whether it includes costing the repair of each defect, which is what allows you to claim a specific amount. Whether it includes going to court to confirm the report, in other words to explain it and answer questions from the judge and the lawyers. This is usually quoted for separately. What the report should contain To be of use in a claim, the report must identify each defect, explain its cause, say who is responsible for it and put a figure on the cost of repairing it. It is normally prepared by an architect or a building surveyor (the “arquitecto técnico”). When asking for a quote, explain what you need it for and ask whether the price includes the site visits, the tests, the costing, confirming the report in court and VAT. A report that only describes the damage may fall short if you later have to sue. Who pays for it in the end If you win the case and the judge orders the other side to pay the costs, which are the expenses of the proceedings, these include the expert's fees. If you ask the judge to appoint an expert, in principle you pay for them and you may have to pay a sum in advance on account. If the other side asks for one, it pays the advance. If you are entitled to legal aid (“asistencia jurídica gratuita”), the expert evidence in the case may be free. Before suing, both parties can jointly commission the opinion of an independent expert and share its cost. That opinion is not binding on them, but it is one of the ways of attempting the agreement that the law requires before going to court. If you claim on the ten-year structural defects insurance (the “seguro decenal”) and there is no agreement on the amount, each party appoints and pays its own expert. If you have a policy with legal expenses cover, check whether it covers experts' fees.