Even if the last decisions of the Federal Court of Justice (BGH) on the subject of the reimbursement of private reports were some time ago, our consulting practice regularly shows that this topic is often still unknown.
The question of when the costs of private appraisals can be reimbursed in the context of a legal dispute have long been controversial, but were ultimately clarified again by the BGH:
According to the case law of the BGH, necessary costs are to be reimbursed by the losing party in a legal dispute. These necessary costs are those expenses that a sensible and economically sensible person may consider pertinent at the time of the initiation.
In addition, it is necessary that these costs are directly process-related expenses. It is also necessary that the costs are relevant. This requirement is to be assumed if, due to a lack of specialist knowledge, the client would not have been able to give a proper presentation to the contractor without obtaining the expert opinion.
Costs for private appraisals within the framework of a construction process are also reimbursable as damages, provided that the entrepreneur has been given a reasonable deadline for remedying the defects and the fault on the part of the contractor can be affirmed with regard to the existing defects.
Attorney Finn Streich
Prank & Colleagues
Lawyers in partnership mbB