Expert Appointed by the Notary Public in Matters Relating to Construction

It is a commonplace that court proceedings in Hungary are in many cases particularly lengthy and cumbersome, and the question often arises as to whether a verdict in fact will be reached in the end. The above findings are particularly common in construction lawsuits.

In our experience, few people know that before litigation, we have several tools at our disposal to make future litigation shorter and more promising for ourselves.

One such option is to ask a notary public to appoint an expert from the list of forensic experts prior to the court proceedings. Inter alia, this has the advantage that the assignment takes place quickly, so that, for example, in the case of an ongoing construction, it is suitable for recording the given state of readiness, then the construction can be continued, while the secondment of an expert in court proceedings can only take place much later, when the construction has been completed, and the disputed situation is no longer difficult to reconstruct. Furthermore, the questions to be asked to the expert can be formulated by the applicant, while in the framework of the court proceedings s/he can only propose the questions, the actual questions will be asked by the judge. In addition to the many advantages, it must be emphasized that the report of an expert appointed by a notary public must be taken into account by the court in the same way as the report of an expert appointed by a court.

BALÁZS & KOVÁTSITS Legal Partnership