Section 2: Use of a technician

Where the parties intend to use a technician, they shall select him by mutual agreement and determine his remit. The technician is remunerated by the parties in accordance with the terms agreed between them.

It is up to the technician, before accepting his assignment, to disclose any circumstances likely to affect his independence so that the parties can draw the conclusions they consider appropriate.

The technician begins his work as soon as he and the parties have agreed on the terms of their contract. He carries out his mission conscientiously, diligently and impartially, respecting the adversarial principle. He may only be dismissed with the unanimous consent of the parties.

At the request of the technician or after hearing his observations, the parties may modify the assignment entrusted to him or entrust an additional assignment to another technician.

The parties provide the technician with the documents required to complete his assignment. When the inertia of a party prevents the technician from carrying out his assignment, he summons all the parties and indicates to them the steps he considers necessary. If the party does not comply with the technician’s request, the technician will continue with his assignment on the basis of the information available to him.

Any interested third party may, with the agreement of the parties and the technician, intervene in the operations carried out by the technician. The technician will inform the third party that he/she is then entitled to enforce his/her rights.

The technician shall attach to his report, if the parties and, where applicable, the intervening third party so request, their written observations or complaints. He will mention in his report the action taken on these observations or complaints.

At the end of the operations, the technician delivers a written report to the parties and, where applicable, to the intervening third party. The report has the value of a judicial expertise report.