First, the characteristics of judicial appraisal of construction projects
This project has a strong concealment. The judicial appraisal of construction project cost is generally carried out at the stage of project completion or project use. At this time, concealed works are often completely or partially completed, such as cracks in the main structure, which are caused by various reasons. In addition to external influences (such as shock, vibration, man-made destruction, etc. ), there are material quality problems, material ratio problems, construction technology problems and so on. Because the scene viewed in the appraisal process is often not in the original state and the project is hidden, this requires our forensic appraisers to have good professional analysis ability.
The influencing factors are complex. This is determined by the complexity and individuality of the construction project itself, such as the differences in design, construction, materials and natural conditions, which leads to the differences in the project due to individual characteristics, making it complicated and difficult for appraisers to judge some problems in the judicial appraisal of construction project cost.
Importance of evaluation results. Evidence is the premise and foundation of judicial justice. As an important part of the evidence system, judicial expertise is particularly important. Once the construction project cost enters the judicial appraisal procedure, its influence is often great, which will affect the accuracy of the project cost settlement and even lead to the closure of enterprises, administrative responsibility and even criminal responsibility. For example, the judicial appraisal of the project cost of Shengzhou Tobacco Building entrusted by Shengzhou Public Security Bureau is the basis used by Shengzhou Public Security Bureau to determine the responsibility of relevant personnel.
Second, the basis of engineering judicial expertise
A series of materials produced in the bidding process. Such as: bidding documents, bidding documents, bid-winning notice.
Engineering construction contract, supplementary contract and supplementary agreement. It is worth mentioning here that the author often encounters the situation of winning the non-contract price in the project in practice. Generally speaking, bidding is an invitation, winning the bid is a promise, and winning the bid is the contract price. However, due to the influence of various irregular operations, the two are often different. The author thinks that the contract and supplementary agreement between Party A and Party B belong to the first interpretation order, so the contract price is more effective than the tender price. When dealing with similar engineering judicial appraisal disputes, judicial appraisers should first thoroughly understand the contract and be vigilant where the contract conflicts with other terms.
Engineering technical documents and archives, such as design drawings, geological data, construction diary, design change contact list, concealed engineering acceptance record, construction and completion report, quality grade evaluation form, etc.
Relevant building quotas and regulations issued by relevant departments.
It is worth mentioning that in the process of judicial expertise, it is necessary to obtain the original evidence of judicial expertise that needs to be archived and has an impact on the project cost. If the client provides a copy, the appraiser must check the copy with the original. After the verification is correct, the words "check with the original (signature)" are marked on the copy, mainly to prevent the litigants from falsifying evidence.
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