Construction defects can often only be identified with the help of experts. This sometimes requires an on-site visit. This also applies during the corona pandemic.
Saarbrücken (dpa / tmn) - The corona pandemic is not a sufficient reason to refuse an on-site appointment with a judicial expert.
Even if an owner is afraid of contagion, taking evidence to establish deficiencies in communal property cannot simply be refused. Because the parties can protect themselves with various measures, found the Saarbrücken regional court (Az .: 15 OH 61/19), as reported by the magazine "NJW-Spezial" (issue 15, 2020).
In the negotiated case, an expert was supposed to find deficiencies in the common property of a community of owners in court proceedings. An on-site meeting should take place. One of the parties rejected this and referred to the corona pandemic as the reason. The regional court instructed the expert to carry out the gathering of evidence.
In the opinion of the court, the fear of a possible infection alone is not a significant reason for canceling or rescheduling the appointment. Rather, the parties could protect themselves, for example by wearing FFP2 masks. They also have the opportunity to be represented.
© dpa-infocom, dpa: 200811-99-126907 / 2
