Pursuant to the request for judicial expertise, SVG Engineering, acting as the judicial appraisal organization, conducted site inspections, measurements, and on-site examinations of the completed construction works, including the swimming pool and pickleball court. The scope of the judicial expertise included determining the quantities of completed work, identifying the types and specifications of materials actually used, and establishing the market unit prices of materials, labor, and construction equipment at the time the works were executed. Based on these findings, the actual total value of all construction items was calculated to provide a technical and financial basis for the resolution of the non-contractual damage compensation dispute.
SCOPE OF JUDICIAL EXPERTISE IN A NON-CONTRACTUAL DAMAGE COMPENSATION DISPUTE
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To determine the quantities of completed work items, including the actual quantities and types of materials incorporated into the construction works.
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To determine the market unit prices of materials, labor, and construction equipment at the time of execution, and to calculate the total actual cost of all construction work items.
PROCEDURE FOR CONDUCTING JUDICIAL EXPERTISE IN A NON-CONTRACTUAL DAMAGE COMPENSATION DISPUTE
Step 1: Public Notification of the Judicial Expertise Process
SVG Engineering, as the judicial appraisal organization, shall issue a written public notification regarding the scope and implementation of the expertise activities to all relevant parties at the site of the works subject to appraisal, including:
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The requesting authority;
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The litigating parties (plaintiff and defendant);
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Representatives of the local authorities.
A meeting record (minutes) shall be prepared to document the parties' acknowledgment of the notification, the implementation plan, and the proposed scope and methodology of the judicial expertise.
Step 2: Collection of Documents from the Relevant Parties
For the Defendant, we request the submission of:
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Construction design documents/drawings (if any);
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Construction permit (if any);
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Any other documents related to the construction works that may support and protect the defendant's legal rights and interests (if any).
For the Plaintiff, we request the submission of:
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Construction design drawings and documents provided by the project owner;
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Minutes, records, or other documents related to the dispute (if any);
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Any other documents related to the construction works that may support and protect the plaintiff's legal rights and interests (if any).
Step 3: Field Investigation and Site Inspection Activities
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Conduct a site inspection and compare the actual construction works with the design documents and drawings provided.
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Prepare judicial appraisal site drawings (as-built drawings) and record the site inspection findings in written minutes, confirming and agreeing upon the measured dimensions, quantities, and the specific materials and equipment incorporated into the works as observed on site.
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For underground structures, concealed works, or components that are covered and cannot be directly inspected, excavation or dismantling may be carried out if deemed necessary by the judicial expert(s) for the purpose of the appraisal. The costs associated with excavation, dismantling, restoration, and reinstatement are not included in the judicial appraisal fees.
Step 4: Upon completion of the appraisal activities, prepare a comprehensive appraisal record (minutes) and conduct a joint review with all relevant parties to verify the entire scope and findings of the judicial expertise.
Step 5: Prepare the site appraisal dossier and provide formal notification to the litigating parties for review of the accuracy and completeness of the site records. Any necessary corrections or amendments shall be made based on the parties' comments and supporting evidence.
Step 6: Carry out the office-based analysis and evaluation, including the following tasks:
+ Review and prepare the final valuation (cost settlement) of the completed construction work items and submit it to the litigating parties for review and comments, based on the following principles:
1. Material, Equipment, and Labor Unit Prices
The unit prices of materials, equipment, and labor shall be determined in accordance with the following principles:
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Where complete, lawful, and valid invoices and supporting documents are available in accordance with applicable laws and regulations, such documents shall be given priority and used as the basis for determining unit prices.
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Where lawful and valid invoices or supporting documents are unavailable, unit prices shall be determined based on published price announcements, construction norms, and unit price schedules issued by competent governmental authorities in the locality where the construction works were carried out.
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Where neither of the above sources is available, unit prices shall be determined based on prevailing local market prices corresponding to the period during which the construction works were executed. Such prices shall be established through market surveys, data collection, and assessment conducted by the judicial appraisal organization, ensuring objectivity and consistency with actual market conditions.
2. Quantities of Work
The quantities of work shall be determined based on the judicial appraisal drawings, site appraisal records (minutes), and other relevant documents that have been reviewed, agreed upon, and accepted by the relevant parties.
3. Value of the Construction Works
The value of the construction works shall be determined on the basis of the quantities of work and the unit prices established as described above, in accordance with the applicable construction norms, standards, and regulations governing the management of construction investment costs in effect at the time the works were executed.
PHOTOGRAPHS OF SVG ENGINEERING CONDUCTING JUDICIAL EXPERTISE IN A NON-CONTRACTUAL DAMAGE COMPENSATION DISPUTE
CONSTRUCTION JUDICIAL EXPERTISE SERVICE QUOTATION
For professional Construction Judicial Expertise services in Hai Phong City, Hanoi Capital City, Hue City, Ho Chi Minh City, and other provinces and cities throughout Vietnam, please contact SVG Engineering via our nationwide consultation hotline at +84 902 593 686 or email svg.engineer@gmail.com.
VietNam construction consulting - Mr. Thang 0902.593.686
CONTACT US:
SAO VIET CONSTRUCTION DESIGN CONSULTING AND INSPECTION JOINT STOCK COMPANY
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Address : 7th floor SVG Building - Bui Vien Street - An Bien Ward - Hai Phong City
☎ Tel: (0225) 3.747.819
📞 Hotline: 0902.593.686
📧 Email: svg.engineer@gmail.com
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