10/09/2013

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Architects COMMUNITIES of owners: Claim of constructive damage to the building, which is the best expert opinion, or which is which is better in the eyes of a judge? Not all expert reports deserve the same valuation with regard to assessment of the expert test, i.e., in lawsuits and constructive a property damage claim procedures, it is decisive or at least very important opinions or expert reports of Architects (test Queen), and the law, before this test and its valuation, goes on to say dryly that judges have to govern by the rule of reasoning but which is really the rule Sana he criticizes? The learned, have tried to offer some interpretative guidelines on this rule, and so these have been evolving to interpret what is that of healthy criticism, as well as: to) first of all, was considered the best opinion, the better based, and it is chosen by the judge, which is substantiated, that wasn't incoherent, contradictory or contrary to any reasonable principle. (b) then he argued or thought that better than the best substantiation, should seek the best with another technique; and this can be deduced, comparing one opinion on another, seeming to be who has the character according to the majority (of the conclusions of several of the experts who have intervened in the lawsuit). To summarize, the criterion is chosen whatever the majority according to data and tools employed and managed data. (((c) but the doctrine has been estimated that the criteria (a) and (b) are insufficient, when not, sometimes erroneous: the best expertise is which gives the judge the essential core, to convince the reasons for its decision. To do so, not worth an excessive generalization, mixture or confusion of concepts. Reports or opinions should be solid, and that are not confounded by other reports...
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