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11. Advice to those involved in an appraisal
In the event of a dispute, if there is an expert opinion, this will play an important role in its resolution.
While it is true that the parties may be represented by a lawyer, solicitor, legal advisor or technical specialist (architect, consulting engineer, expert, etc.), even if the expert is not the judge, has no legal authority or decision-making power, and even if the judge (or insurer) is not bound by the expert's conclusions, it is rare that these do not play an important part in the final decision.
It is therefore essential to be physically present at all appraisal operations and to be very vigilant at all stages of the appraisal, for several reasons:
First of all, the adage "absentees are always wrong" is especially true in expert appraisal, if only because the absence of a party may...
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Advice to those involved in an appraisal
Conclusion
Bibliography
Websites
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AAIA EENPC – Association amicale des ingénieurs anciens élèves de l'école nationale des ponts et chaussées – Construction insurance reform
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CNCEJ – Conseil national des compagnies d'experts de Justice – Le livre blanc de l'expertise judiciaire – Vade...
Regulations
Law no. 78-12 of January 4, 1978 on liability and insurance in the construction industry (known as the Spinetta Law).
(Official Journal of January 5, 1978).
Title Premier
Responsibilities
Article 1 – Article 1792 of the French Civil Code is replaced by the following provisions:
Art. 1792. – Every builder...
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