Federal equalization law / federal state equalization laws
You want to win a federation complaint?
In most cases, it is crucial for the outcome of the lawsuit whether the lawyer who is responsible for the
enforcement of a federation complaint (§13) in accordance with the realisation of the federal
equalization law has instructed an accredited expert with the legally
binding statement of the enforceable claims as a party representative in the run-up.
Even during federation complaints, the party right is prevailing i.e. the suing party (federation)
must be able to prove to the defendant party (e.g., department store)in a legally obligatory way which
defect informations are being authorized regarding the realisation of constructing a building or construction
equipment or the realisation of a public transport system.
The aim of an expertise rendered by statement experts in accordance with the realisation of the federal equalization law or the federal state equalization laws can be, e.g. to prove for handicapped federations in a legally obligatory way that the objectionable flaws during the construction and equipment or the structuring of public transport systems, entitled by the federation in the name of the affected persons, are being rightful.
The expertises by statement experts should be instructed before the lawsuit so that it can be carried out in the course of a private perpetuation of evidence procedure.
If a lawsuit is raised immediately, the court will put an expert under oath in charge of carrying out legal proof of evidence-procedures, during which is to be settled, to what extent the party lecture of the plaintiff concerning "offense against the freedom of barriers" is justified.
The crucial "disadvantage" for the suing party (in this case: federation) in case of an expertise by a statement expert ordered by court is the fact that the court expert may answer only the given proof of evidence question.
In contrast to that, during a private expertise, a competent expert will further display evidence concerning possible violations against the freedom of barriers.
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Private expertises
For what purposes do private individuals, builder-owners, operators, companies or lawyers need private expertises?
Clients of private expertises by experts achieve the following goals:
The aim of private expertises in general is to help the concerned citizen putting through his just claims against authorities generally and health insurance companies and nursing cashes or insurances in particular.
The aim of private expertises for presentation at a health insurance company and nursing cash can be to check statements made by the MDKs (Medical service). In the course of an approval of an architectural living space adaptation or an technical acquisition (e.g., sanitary office layout, architectural measures inside and outside of the apartment) is to check then whether the evaluation of the patient or his disability is correct and sufficient.
The aim of private expertises in the course of a forthcoming living room adaptation can be to determine circumference and expenditure and to provide conclusive evidence for measures of support and approvals of them.
The aim of private expertises in the course of planning can be to provide conclusive evidence that the planning meets the required demands "freedom of barriers" at whole or partially, that demands from appropriate norms and orders are being met and that an expertise about functional suitability of rooms and equipment is given.
The aim of private expertises in the course of accompanying a construction can be to examine the construction progress in defined intervals and thus, to provide conclusive evidence that the project fulfills the demands required by "freedom of barriers" at whole or partially. Furthermore, that demands from appropriate norms and orders are being met and an expertise about functional suitability of rooms and equipment is given.
The aim of private expertises in the course of a building project can be to provide conclusive evidence that the building project meets the demands required by "freedom of barriers" at whole or partially. Furthermore, that demands from appropriate norms and orders are being met and an expertise about functional suitability of rooms and equipment is given.
The aim of private expertises in the course of an extrajudicial arrangement can be to answer the party questions. On this occasion, the measures which are necessary for the removal of the defects / damages or missing functional qualities and the expenditure are indicated. If necessary, the kind and circumference of the removal which probably comes up is determined.
The aim of private expertises can be to clarify the legal profitability for a party. On this purpose, the corresponding accomplishments are being checked completely under the point of view of flawlessness in order to deliver fact statements which are admissable in court to the party representative. Usually, the party application is based on these facts.
The aim of private expertises which are to be presented to an approval authority can be to provide conclusive evidence that the relevant regulations and norms and legal regulations are being met or were met or that existing special regulations are applicable or are to be applied.
On reimbursing the expertises it is usually necessary to examine and to evaluate dispute-concrete plans for living space adaptation and plannings. Furthermore, on has to determine the real or fictive costs of building projects, to determine real damages or missing functional qualities of technical equipment and buildings. Expertises of the MDKs with regard to the additional expenditures resulting from the handicap are to be evaluated as well.
In private expertises facts are being ascertained. Deviations from arrangements and specifications and from the state-of-the-art techniques and relevant regulations and norms and legal regulations are being indicated. The evaluation whether an ascertained fact is a flaw for the purposes of the party dispute is incumbent upon a lawsuit, unless the expert was named as an arbitrator by the parties.
The publicly appointed and sworn-in expert is independent. The client commits himself not to go in for any activities or anything else in order to impair the utilization of the presented expertise or to make it impossible. The fee is indisputable. If an expertise by a private expert has been demanded, the refunding expert can not be appointed as a legal expert of the courts anymore.
For detailed information and our conditions please ask:
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Private conservation of evidence
When is a private conservation of evidence useful, e.g. for private persons, builder-owners, operators or companies?
Clients of private conservation of evidence achieve the following aims in the course of a private expertise among other things:
An aim of private conservation of evidece in general is to provide the affected citizen with a legally usable private expertise, to put through one’s authorized claims in contrast to other private persons or insurance companies.
An aim of private proof securing can be, in the foreground of a bigger construction measure, to document the condition of a existing building-substance, especially on the premises of others (neighbours), in order to dismiss unjustified demands of neighbours like for example: if they maintain that building measures had caused damage to their own buildings and facilities (documentation of the existing condition).
Another aim of private conservation of evidence is the legally usable documentation, out of court
and before the lawsuit, of the analysed object with reference to existing lacks or missing functional
characteristics.
In this case necessary measures for the removal of lacks/damages or missing functional
characteristics will be pointed out. The expenditure, and, if necessary,the kind and scope to remove
them will be analysed.
Another aim of private conservation of evidence in case of a private expertise can be to clarify the legal profitability for one party. In this case, the according performance is being checked completely under the point of view of being free of defects, so that the party representatives are being provided with legally usable facts. Based on these facts one can normally set up the party application.
For detailed information and our conditions please ask:
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Asset documentation
Asset documentation is especially interesting for the property management of bigger real estate!
The aim of asset documentation in the run-up of a larger building project can be to document the state of a existing building substance to adapt the circumference and the necessity of reconstruction and renovation-measures and to determine it.
For detailed information and our conditions please ask:
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Mediation procedures and arbitrator´s awards
Mediation is an extrajudicial arbitration action in which all parties involved in the conflict, with
support of an outstanding and impartial third party (Mediator = trouble shooter), voluntarily,
independently work on a solution specific for the case of the conflict together. A necessary condition
for a successful conflict solution is the frankness of the involved parties to the Mediator.
Another aim of mediation is an acceptable and lasting solution to the conflict which if possible ends up
with a profit for all parties involved . In order to achieve that, the crucial points are being debated
through individual and cooperative arguments and it is tried to reach an arrangement which is portable
for all involved parties and allows ongoing cooperation with each other. Mediation is designed to prevent
the interference of the project in appearing conflicts by a quick, arrangement carried out together by the
contracting partners.
The advantage of Mediation is the preservation of the mutual trust between the parties
for a possible further collaboration and the avoidance of a legal procedure or a lawyer
argument. The unformal and effective course of the procedure shortens the duration of procedures
and thereby reduces costs.
The by the government of Germany/Bavaria accredited expert Dr. Ing. Ferdinand Huber
is available in particular in the building sector for parties with debatable questions, e.g. between AG
(builder-owner) and AN (craftsman, building contractor) as an impartial success promising mediator.
For detailed information and our conditions please ask:
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or phone: 0049 (0) 8123 / 98 97 91.
Expertises for a court
The client is basically a court. The decision to consult an expert and/or a person acting as an expert can result from the proposal of the party representatives.
When does this make sense?
The aim and content of an expertise is to reply to the evidence order as well as to point out, the measures, which are necessary in order to remove the defects/damages and the estimated expenditure, required for the removal.
In reply to the evidence order it can be necessary to appraise and evaluate the dispute-objective intentions and plannings, to calculate the actual and virtual costs for civil works and modulations concerning the living space, to appraise real damages or missing edificial features and technical equipment and/or to cross check the MDK's opinion with regard to additional expenses caused by handicaps.
In an expertise for courts facts are being ascertained. It reveals divergences from agreements and guidelines as well as the current state-of-the-art and it points out to divergences from relevant regulations, standards and legal requirements. The evaluation wether an ascertained fact is a defect in terms of the legal action is duty of the court.
For detailed information and our conditions please ask:
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Expertises by industrial experts
For what purposes do manufacturers of products at home and abroad need expertises by industrial experts?
Clients of expertises by industrial experts achieve the following aims:
The aim and content of an expertise by an industrial expert are market inquests
in the german and european area.
Examined are :
- Sales opportunities and success potential of a product and
- "specific state of the art" to allow specific work within the R&D-department.
In well-founded and market-orientated product expertises we evaluate single products under the point of
view of:
- Safety regulations,
- Requirements for barrier-free planning and construction and
- German Institute for Standardization (DIN) observance.
As an additional service we offer to check the product range, e.g., in acccordance with the above mentioned points of view. This also encludes an investigation of sensible, superfluous or even straining products.
By means of our house you receive usable special achievements which cannot be acquired at the market in this way. For at the core of our work lie the goals and needs of our clients.
For detailed information and our conditions please ask:
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or phone: 0049 (0) 8123 / 98 97 91.
Cerfificates for acceptance and completion
We carry out acceptances and give completion certificates as a substitute.
The aim and content of a completion certificate is to find out that the promised work is being carried out (according to the service-contact) and does not contain any defects.
The completion certificate is, according to §641a German Civil Code, equal to an acceptance by the customer.
A completion certificate enables the entrepreneur (contractor) to put the customer (AG) in default of payment if he refuses the acceptance with specious arguments to retard the payment.
For detailed information and our conditions please ask:
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or phone: 0049 (0) 8123 / 98 97 91.
Sample expertises and references
Sample expertises or references respectively are "neutralised" conducted private or legal expertises. Neutralised expertises in this context means that all information of parties and places or other confidental information were removed from the expertise.
Expertises by industrial experts are ususally not available as sample expertises or as reference respectively.
Courts can dispose of a plurality of already conducted expertises in varying fields (construction accessible for handicapped persons, additional expenses resulting from disability, adaption of the living space, equipment of additives, check up of the expertises by experts of the MDKs, etc) as sample expertises or references.
Party representatives can dispose of a plurality of already conducted expertises in varying fields (constructiuon accessible for handicapped persons, additional expenses resulting from disability, adaption of the living space, equipment of additives, check up of the expertises of the MDKs, etc), available as sample expertises or references. The allocation is affected against payment if no order has been placed before.
Industrial- and private customers can dispose of numerous already conduced expertises in varying fields as sample expertises or references under payment.
The literature written by the sworn-in expert, Mr. Hon.-Doz. Dr. Ing. Ferdinand Huber, is available for everybody via booktrade or directly via the publishing house KBT Huber & Partner.
For detailed information and our conditions please ask:
Sachverständigenbüro Dr. Huber & Kollegen
Jorhanstraße 4
D-85457 Wörth / Erding bei München
Germany
Tel 0049 (0) 8123 / 98 97 91
Fax 0049 (0) 8123 / 98 99 777
E-Mail info@kbt-gutachten.de
Without E-Mail-programm: Contact by input-mask
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Details of the service range of Mr. Hon.-Doz. Dr. Ing. Huber.
Details of the service range of the expert-team.
Details of company profile.
Technical literature dealing with barrier freedom
