Faulty expert opinion: Expert only partially liable

An expert used incorrect standards in a soundproofing report, which is why the construction of a city hall was not approved. The Higher Regional Court of Karlsruhe found the city, as the client, to be partly at fault.

An expert used in a acoustic report for a city hall wrong Standards. As a result, a court revoked the building permit and completion was delayed. The expert only has to compensate for half of the damages, ruled the Higher Regional Court of Karlsruhe. Because that Building Regulations Office was involved in the planning and could have made the mistake early in the can. 

The case

A City She had a multi-purpose hall built. For this, she commissioned an acoustic consultant. Expert opinion, which was part of their building application. The expert However, he mistakenly attributed the following to his expert opinion: TA-Lärm and not the one that actually applies 18. BImSchV The administrative court subsequently revoked the building permit, and construction stalled. The city sued the expert. Compensation, but was only partially proven right.

The judgment

As the regional court had already done, the Higher Regional Court (OLG) Karlsruhe also saw it half contributory negligence is The city. Although the expert should have applied the correct standards, this does not absolve the city as the client. The Higher Regional Court emphasized: The municipality should have consulted the expert before using the report. check It must be determined whether the expert applied the correct regulations. This is a legal question. "The city should have adhered to the standards." need to know"That's what the Higher Regional Court said. Because their building regulations office was involved in the planning and should have prevented this." Detect errors can. 

Whether the city must also be held accountable for the knowledge of its authorities even if these authorities... not The verdict left open the question of who was involved. According to the court, the contract with the expert contained no legal adviceBecause every civil servant must be responsible for his/her duties Office necessary Legal knowledge they or obtain them. The city has its own legal department for legal matters. There is no indication that it wanted external legal counsel. 

The city should have recognized its mistakes.

In the court's view, both sides "met comparable measure "Causation and fault." Therefore, the city is half responsible for the damage. This also applies if the focus is not on the use of the expert opinion, but on the missing examination I see. The city should have ensured that the involved Building authority already in the planning process She complied with all the requirements for the building permit. She should have reviewed the expert opinion, the Report an error and must demand a correction. 

The Higher Regional Court ordered the expert to pay half of the damages.

Higher Regional Court of Karlsruhe, Judgment of November 27, 2025, Case No. 19 U 134 / 24

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