建设工程造价鉴定中证据管理的关键点、重要性、方法

Key Points,Importance and Methods of Evidence Management in Construction Cost Appraisal

文章通过对建设工程造价鉴定中涉及的类型化证据,即16种程序性证据和12种实体性证据的研究,有针对性地提出专业律师和法务负责人在各类证据管理中应当注重的关键点,揭示了工程造价鉴定中证据管理的专业性、重要性。对于16种程序性证据,需防范因忽视而隐藏的重大风险。对于12种实体性证据,尤其要重视鉴定机构调查的证据、鉴定机构现场勘验的证据、交换证据的书面记录等,对鉴定质证前的异议问题清单、补充鉴定前新证据等,亦应以高度的责任心和科学的方法履行职责。

This paper studies 16 kinds of procedural evidence and 12 kinds of substantive evidence involved in the identifi-cation process,puts forward the key points that professional lawyers and legal principals should pay attention to in all kinds of evidence management,and reveals the professionalism and importance of evidence management in project cost identifica-tion.For the 16 kinds of procedural evidence,it is necessary to prevent the major risks hidden due to neglect,such as the management of the cross examination of the appraiser composition notice,the evidence of appraisal purpose,scope and matters,as well as the evidence of pricing basis,pricing method,market price information,engineering measurement specifi-cations and engineering quantity calculation rules.For the 12 kinds of substantive evidence,special attention should be paid to the evidence investigated by the appraisal institution,the evidence of on-site inspection by the appraisal institution,and the written records of exchange of evidence.The list of objections before cross examination and the supplement of new evidence before appraisal should also perform their duties with a high sense of responsibility and scientific methods.