Lawyers

Every year, many buildings in Quebec are affected by disasters. When a loss occurs, insurers and adjusters use the services of damaged building estimators to assess the extent of the damage or the amount that the insurer should allocate for the restoration or reconstruction of the building following the loss.

However, it is common for disputes to arise between policyholders and their insurers regarding these matters. In such cases, finding a damaged building expert capable of providing expertise or counter-expertise to defend the interests of policyholders can be challenging, as most companies operating in this field primarily serve insurers.

Insurers are important clients, and without necessarily implying a clear conflict of interest, it is true that few companies would want to take the risk of alienating their most important customers, or big potential customers, by defending the interests of an insured in dispute with an insurer with the determination that an insured in dispute deserves.

This is why the Firme d’Experts en Bâtiments Sinistrés has no insurers among its clientele. We are entirely devoted to offering building expertise services to property owners and their representatives for all types of buildings, residential, commercial, industrial, agricultural and condominium.

Inspection and determination of the work to be carried out

It is common for us to disagree with the insurer’s representatives regarding the extent of the damage or that we discover damage or materials that have not been observed by the insurer’s representatives. An inspection as quickly as possible after the loss could allow us to carry out a more precise counter-expertise at this level. Rest assured that our inspection procedures are among the most thorough and efficient in the industry.

However, when litigation emerges and lawyers intervene, unfortunately a long time has often passed since the loss occurred. Nevertheless, we are usually able to formulate an opinion on the extent of the damage based on the documents, photos and information contained in the file, while asking the right questions to the right people, where possible. In addition, we can suggest to lawyers some relevant questions to ask during interrogations in order to obtain the necessary information.

Work description and cost estimation

After assessing the scope of work required to restore or rebuild a damaged building, it is essential to create a detailed list of the work and the corresponding costs. It’s rare to find quotes as detailed as in the realm of restoration after a loss. Insurers, in their effort to control costs, have established detailed standards for quotes and estimates, which makes it easier to negotiate with their contractor partners, but makes it difficult for people that are not familiar with the realm such as policyholders, non post loss specialized contractors, or others to understand. It is therefore important for an property owner to benefit from the expertise of professionals like us, who speak the same language, master the estimation software used by insurers and understand the insurers’ processes, in order to help them understand the work description and costs allocated by the insurer.

We are able to write estimations with the utmost thoroughness and precision, in order to detail a claim. In addition, we can study work description, estimates and bids to perform a counter-expertise of these documents. Since we use the same tools, software, and price lists as insurers, we analyze every line, every comma, and even what is not explicitly written. Our constant goal is to defend the interests of property owners and help them get what is rightfully theirs, neither more nor less.

Negotiation and agreement on the quantum

When a legal dispute arises between an insurer and an insured, it is common for judges to require the parties to reach an agreement on quantum before trial, or at least to enter into negotiations and reach consensus on as many of the issues as possible.

Our experts are undoubtedly best qualified to support lawyers and property owners in this process. Following our report, in which we comment on the scope of work as well as the cost estimate, a discussion process is generally initiated with the insurer’s representatives in order to reach an agreement that is closer to the truth and reality regarding the work that will have to be done to rebuild or restore the building as it was before the loss. At this stage, it is crucial to master the processes and language specific to the field, and, most importantly, to know how to present requests and arguments in a way that facilitates their examination by the insurer’s representatives so that they are more inclined to recognize the legitimacy of these requests and quickly reach a common agreement, or at least significantly reduce the number of contentious points.

Disputes between a subcontractor and a general contractor, a general contractor and a property owner, or even between a property owner and the previous owner of the same building are common.

We have in-depth expertise in the national building code and best practices in the construction industry. Therefore, we can generally form an opinion on the quality of work performed in a building and create lists of observed defects.

However, in order to better serve our clients, where appropriate, we also collaborate with experienced, qualified home inspectors who are members of recognized associations such as the AIIBQ. We also work with civil Engineers consultants on buildings defects. These experts can, if necessary, conduct inspections and provide detailed reports on defects or hidden defects, referring to the code and providing recommendations. We communicate directly with them, define and clarify the mandate. They do the work description and then, we proceed to estimate the costs associated with these works.

As a result, you get a complete inspection report as well as a coordinated cost estimate, all in one point of contact, regardless of your situation.

If you already have a defects report, we can also estimate the costs of the necessary work for you.

Inspection et détermination des travaux à effectuer

In this type of dispute, a building inspection is usually possible and always recommended in order to provide an accurate expertise. Rest assured that our inspection procedures are among the most thorough and efficient in the industry.

There may be times, however, that access to the building may not be possible. Nevertheless, we are usually able to provide an opinion on the defects or extent of work required to remedy the situation based on the documents, photos and information in the file, while asking the right questions to the right people, where possible. In addition, we can suggest to lawyers some relevant questions to ask during interrogations in order to obtain the necessary information.

Work decription and cost estimation

After assessing the scope of work required to remedy the situation, it is essential to create a detailed list of the work and the corresponding costs. With our extensive experience in the field of post-loss work, where insurers, seeking to control their costs, have set detailed standards for work description and estimates, we are able to produce extremely accurate, detailed and clear estimates. The level of detail in our appraisal reports is rare in the regular construction industry, but it makes it easy for all parties involved to understand.

In addition, we can study the scop of work, estimates and quotes of the various parties in order to carry out a counter-expertise of these documents. We then produce a report with our comments and, if there are discrepancies, we indicate the value of the corresponding work.

Negotiation and agreement on the quantum

It is common for judges to require the parties to reach an agreement on quantum before trial, or at least to enter into negotiations and reach consensus on as many of the issues as possible. Our experts are undoubtedly best qualified to support lawyers and property owners in this process.

Following our report in which we comment on the scope of the work as well as the cost estimate, a process of discussion is usually initiated between the parties to reach an agreement that reflects the truth and reality regarding the work required to remedy the situation at the origin of the legal dispute. At this stage, it is crucial to have great expertise, to master the processes and language specific to the field, but above all, to know how to present requests and arguments in a way that facilitates their examination by the representatives of other parties, so that they are more inclined to recognize the legitimacy of these requests or arguments and thus quickly reach a common agreement, or at least significantly reduce the number of contentious points.