When an owner believes he has been deceived, if defects arise in the boat that ruin the program that he made for his holidays or even put at risk its security, in agreement with a good lawyer, and for the highly technical nature of the defects, which will need an expert, who will help better define the aspects of the matter.
It is not an easy task and it requires a good knowledge of regulations, methods of construction and liabilities.
The first phase of counseling could begin with a Technical Survey authorized by the court. This is typically used to witness and certify the situation on board as it presents itself on the day of the report.
It is necessary to produce the first document that will constitute the basis of all future evaluations. It ‘s the starting point of any court case, or one from which we start to argue their case. The expert issues a valid document for legal purposes where he states the object of litigation as it presented itself at that time.
Then if the case continues as court process, rather than an arbitration process or an amicable settlement, the judge appoints an Expert above the parties, who poses very specific questions designed to shed light on the specific subject. This expert then meets with both consultant of the parties, called CTP, which means Party Technical Consultants. Finally they all make visit on site and come to deductions for the resolution of questions.
The consultant appointed by the Court, in Italian called CTU, later, after hearing the parties, will analyzed all the evidence produced by CTP and will express his opinion to the Court which will then pronounce the judgment if it is satisfied and does not require new insights.