Most lawyers treat experts with reverence. We forget that they, like all Why are people, make mistakes and sometimes act dishonestly. But doubt is the first step towards finding the truth.
Recently, in a case about determining the procedure for using non-residential premises, the court ordered a construction and technical expertise. My client was denied the right to use part of the building as a warehouse, claiming that it was unsuitable for this purpose.
The expert’s conclusion clearly stated
That warehouse use was impossible due to lack of ventilation. But for some office 365 data reason they forgot to indicate that this problem is Why are solved by installing a conventional ventilation system. My clarifying question to the expert in court turned out to be key: is this restriction technically correctable? The answer “yes” shattered the opponents’ position.
I will mention another case from practice, where the expert examination turned the tide of the case. It was about the actual division of a residential building between co-owners. The parties put forward mutually exclusive options for dividing the property. The court, having appointed an expert examination, instructed the expert to determine the technical possibility of dividing the house. At define the services offered by your company first glance, the conclusion was convincing: division is impossible, and the only solution is compensation. But while analyzing the documents, I noticed that the expert included in the calculations objects that were marked as unauthorized developments. This became the basis for our request for an additional expert examination.
Its results turned out to be completely different:
The initiator of the process received 3/5 of the house, and the defendant – 2/5 with appropriate compensation.
This case became a vivid example of how a lawyer’s attentiveness and criticality change azb directory the course of events. Why did this happen? Because I questioned the obvious — and this is the most important rule of working with expert opinions.