In the event of a dispute, perfect proof by a court commissioner for construction professionals

The materialization of "perfect" evidence is impossible without an on-site visit by the judicial commissioner. This is what will make all the difference in court.

Distributed throughout the national territory, judicial commissioners are authorized to materialize perfect proof. Perfect proof is proof that the judge will take into account. This proof is materialized when the judicial commissioner draws up a report. Unlike the misleading offers of certain platforms, the report by judicial commissioner, at the top of the hierarchy of evidence, benefits from a singular probative force: it “is authentic until proven otherwise.” This is effective and useful proof because the report establishes the facts and allows the judge to better measure and quantify the damage and the resulting responsibilities.

The risk of apps

Construction professionals should be aware that there is a significant difference between what apps offer (including those with a filing report drawn up by a court commissioner) and what the court commissioner's on-site intervention will guarantee. The court commissioner will attest to what he sees, whereas an app will report information that cannot be corroborated by the court commissioner. The court commissioner can only certify the date of their filing.

The judicial officer travels to the location where he or she must materialize evidence and must use all five senses. The photo deposit report, on the other hand, does not have the same legal value as the report by the judicial officer. The judicial officer did not go to the location and did not take the photo himself or herself. He or she can only certify what he or she sees and cannot authenticate a photo taken by a litigant. Consequently, with these apps, there is a risk of confusion in the consumer's mind.

Proof by an impartial public and ministerial officer

The report by a judicial commissioner is the most reliable form of evidence before the courts because it comes from a neutral and impartial public and ministerial officer. The photos only support what the judicial commissioner sees, so it is his observations that give him the strength of his report. Some jurisdictions have rejected the productions of these apps. Others have only retained them as the beginning of the beginning of evidence. And this is what will make all the difference before a court with a report by a judicial commissioner, at the top of the hierarchy of evidence. The judicial commissioner can report everything, subject, of course, to the legality of the reports requested of him. He can draw up text message reports or internet reports. He can rely on different types of technical means, 360° photography, sound level meters as part of noise reduction reports, or carry out reports by drone. So many technical means which can sometimes reinforce the performance of the condition reports before and after work to attest to the conformity of the work carried out and to protect oneself in the event of disputes or claims.

To find the nearest justice commissioner: www.commissaire-justice.fr