Extrajudicial validity of the expert report

Not everything expert report ends up in court. An important part of the cases are resolved in an extrajudicial phase, that is, through direct negotiation between the parties. The expert report, in this context, is the technical basis that supports the claim and that allows discussion with data.

What is it for outside the court

In the out-of-court context, the expert report fulfills several functions:

• Organize the claim so that the interlocutor understands what is requested and why.
• Financially support the claim with motivated quantification.
• Reduce technical asymmetry compared to companies or insurers with their own equipment.
• Facilitate agreements by avoiding or shortening the court proceedings.

Many matters are resolved at this stage precisely because a well-prepared report convinces the other party that going to trial is not in their interest.

Claims to insurers

It is one of the most common uses. When the insurer offers compensation less than what the insured considers fair, the expert report allows:

• Objectively quantify the damage.
• Demonstrate the cause covered by the policy.
• Document affected assets and their value.
• Respond reasonably to the insurer expert’s report.

The insurers experts work with their own criteria. The response must be made with the same technical language and with verifiable data.

Claims to promoter or builder

In defective workmanship, building defects or hidden defects, the expert report allows:

• Identify the causes of defects.
• Differentiate finishing, habitability or structural defects.
• Quantify the cost of repair.
• Fit the defect into the corresponding warranty period.

You can find more information in defective workmanship and in hidden defects.

Real estate purchase and sale

Before purchasing a home or premises, a preliminary expert report can detect hidden problems and avoid later claims. After purchasing, if defects appear that were hidden at the time of purchase, the report serves to claim the seller for hidden defects.

Inheritances, divorces and partitions

In these cases, the expert appraisal allows establishing an objective value of real estate or vehicles, both for agreements between heirs and for judicial proceedings. It is detailed in the specialty of property valuations and in appraisals.

Negotiation prior to judicial proceedings

Many lawyers request expert report before filing a lawsuit, to:

• Assess the technical feasibility of the matter.
• Prepare the extrajudicial claim with a solid basis.
• Present a motivated settlement offer to the other party.

This phase avoids, in many cases, entering into judicial proceedings. When it does not avoid it, it leaves the matter already technically prepared for the lawsuit.

Differences with a judicial report

The technical content of the report is identical in extrajudicial and judicial channels. It changes subsequent use and sometimes the level of procedural detail. The same rigorously prepared report can be used in negotiation and, if this fails, submitted in court proceedings.

Coordination with lawyer

In extrajudicial claims it is common for the client to act on his or her own. When it is anticipated that the matter may end up in court, it is advisable to coordinate the approach with a lawyer from the beginning.

Next steps

If you would like to commission a report with extrajudicial use, please review the full process or initiate contact from the contact page.