Selection of the building expert for defect rectification

Good evening,

a construction defect was discovered in our new building one year ago. The roof was leaking. The expert sent by the construction company at that time identified the missing roof sealing, and this damage was repaired from the outside. There are no more drips, but nothing else was done. Now a roofer has detected water in the roof structure. The construction company insists on their expert, we demand one of our own due to independence. We fear that an expert appointed by the developer will choose the cheaper alternative for defect remediation and not the best possible solution or possibly overlook structural changes. The developer rejects our demand. Is there a legal right to the free choice of expert by the injured party? The defect remediation is carried out under warranty. If possible, please provide a reference to case law or legislation.

Thank you in advance.

It must definitely be a sworn expert who has no connection to the developer, otherwise it is of course nonsense. Legally, depending on the extent of the damage, I would consult a lawyer. How has the damage manifested and how should it be repaired?

The appraiser of the developer is a publicly appointed and sworn expert but at the same time receives assignments from the developer for various tasks. How it proceeds depends on his decision, e.g., drying or replacing insulation.

You are completely free to hire an expert of your choice. Then the problem will simply be assessed by two specialists. It will just cost you.

Of course I can do that... but that was not my question. Besides, it bothers me that I have to pay even though I am the injured party, and what do I do if there are two different opinions. So is the choice regulated by law? If yes, where?

No, it is not. Your contractor wouldn’t even have to send an expert, but could also fix it according to their own preference. Without your own expertise, from my point of view, this is a very risky approach on your part. But still: good luck!