Construction disputes are a complex and costly reality in the industry. When a critical failure occurs, the resulting dispute requires specialized forensic engineering to move beyond initial assumptions and uncover the true root cause. An investigation that stops at the most obvious symptom can lead to prolonged arguments over liability. This construction dispute case study illustrates the forensic process in action.
Why Construction Disputes Demand Specialized Forensic Analysis
A construction dispute is fundamentally different from a simple accident. It involves a web of contracts, multiple stakeholders (owners, engineers, contractors, suppliers), and a mountain of documentation. Resolving these disputes requires a forensic engineer who can:
- Connect Technical Failure to Contractual Liability: The core task is to trace a physical failure back to a breach of contract or a failure to meet the professional standard of care.
- Navigate Complex Documentation: The truth of a construction dispute is often found within project schedules, RFIs, design drawings, and daily reports.
- Provide Objective, Defensible Opinions: The ultimate goal is to provide clarity that can withstand legal and technical scrutiny, often in the context of mediation, arbitration, or as an expert witness.
The Forensic Engineer’s Process in a Construction Dispute
To effectively resolve a construction dispute, our investigation systematically dissects the failure by integrating several key domains:
- Design and Specification Analysis: We scrutinize the Engineer of Record’s drawings and specifications for accuracy and conformance with industry standards, a frequent source of construction disputes.
- Means and Methods Review: We examine the contractor’s installation procedures and quality control against the design documents to determine if a workmanship error contributed to the dispute.
- Project Controls and Documentation: We reconstruct a factual timeline from the project’s paper trail to understand the sequence of decisions that led to the failure.
- Material and Equipment Forensics: We conduct physical examination and testing of components to provide the indisputable technical evidence at the heart of the construction dispute.
Case Study Details: The ‘Big Bang’ Incident
This construction dispute case study centers on a recent engagement. The project involved the commissioning of a new indoor, dry-type transformer within a critical industrial facility.
The Incident
The moment the system was energized, a loud “bang” was heard from the generator, which immediately shut down. This incident caused significant operational disruption and became the basis for a multi-party construction dispute.
The Initial Theory
The initial focus was on the electrical contractor’s installation. This is a common starting point in a construction dispute, as workmanship is the most visible element.
The Forensic Investigation
Our forensic investigation was mandated to look deeper. Our process was guided by a series of critical questions designed to uncover the root cause of the construction dispute:
- First, was the contractor’s installation actually performed in accordance with the approved engineering drawings and specifications? This pivotal question tests whether the contractor followed the instructions they were given.
- If the installation did follow the design, the next question becomes: Did the design specifications correctly account for the integration of this new transformer with the existing generator’s sensitive protection scheme? This shifts the investigation toward potential design flaws.
- Finally, our investigation assessed project oversight: What was the review process for these specifications? Where were the opportunities for the Engineer of Record, the contractor, or project management to identify a conflict? This final layer is essential for the fair allocation of liability in the dispute.
The investigation revealed that the root cause was not a simple installation error but a sequence of issues originating in the design phase. This finding fundamentally changed the dynamics of the construction dispute.
Navigate Your Construction Dispute with Confidence
The primary objective of forensic engineering in a construction dispute is to replace assumption and blame with objective, evidence-based fact. By methodically tracing the fault lines back to their source, we provide our clients with the authoritative clarity needed to achieve a fair and timely resolution.
If you are facing a complex construction dispute and require a clear, evidence-based engineering analysis, contact us today to discuss your case.