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What Corporate Counsel Need to Know About Engaging Forensic Engineers

Abstract

Forensic engineering is the application of the art and science of engineering in the jurisprudence system, requiring the services of appropriately qualified and experienced professional engineers. Forensic engineering may include investigation of the physical causes of accidents and other sources of claims and litigation, preparation of engineering reports, testimony at hearings and trials in administrative or judicial proceedings, and the rendition of advisory opinions to assist the resolution of disputes affecting life or property. Forensic engineers may also be required to give evidence to a tribunal as to the cause and reasonable options for replacement or repair.

Authors

Portrait image of Donald Charrett
Donald Charrett
Barrister, Arbitrator & Mediator, Melbourne TEC Chambers, Australia

Dr Charrett is a barrister, arbitrator and mediator, practicing in technology, engineering and construction (TEC) disputes. Prior to joining the Victorian Bar, he worked as a solicitor at a large Australian law firm. His construction law briefs have included litigation, mediation, expert determination, facilitation of experts’ conferences, arbitration and membership of dispute boards. He is an accredited FIDIC trainer, a founding member of the Society of Construction Law Australia, and was the first chairman of Melbourne TEC Chambers, a “virtual” chambers of barristers practising in TEC law. Prior to becoming a lawyer, he worked as an engineer for over 30 years, including 12 years as a director of a consulting engineering firm. Dr Charrett’s engineering experience included computer applications, structural design, managing engineering projects, acting as an expert witness, and management roles in contract negotiation and administration, insurance, international joint ventures and corporate restructuring. From 2012 - 2014 he was non-executive chairman of the Australian consulting engineering company AMOG. Dr Charrett has published widely on legal and engineering subjects, and has presented conference papers, workshops and training courses in Australia and internationally. His legal publications include articles on expert evidence, FIDIC contracts, dispute boards, dispute avoidance, contract risk, forensic engineering, contractual lessons from past projects, design and construct contracts, quantum meruit, solidary liability, professional indemnity insurance and reinsurance. He is joint author of Practical Guide to Engineering and Construction Contracts. In 2014 Dr Charrett established Loots&Charrett Pty Ltd with Philip Loots to conduct training courses on the application and use of contracts in the inception, design, construction and operation of projects.

Portrait image of Andrew Potts
Andrew Potts
CEO, AMOG Consulting, Australia

Dr. Potts founded Australian Marine & Offshore Group, now trading as AMOG Consulting, in 1992. He holds the ongoing role of Executive Director and is the Chief Executive Officer of AMOG Holdings Pty. Ltd. Dr Potts' skills in project management and technical engineering across many disciplines often see him engaged to provide specialist advice in legal cases, project management, specification development, tender evaluation, contract negotiation and assessment of contract deliverables. Dr Potts is is an authority in the area of steel wire ropes and fibre rope systems used in marine applications. He is extensively involved with the offshore oil and gas sector on projects relating to hydrodynamic loading and response of fixed and floating offshore structures and ships, submarine pipelines or highly flexible systems such as moorings or flexible risers. Dr Potts' work involves advanced numerical modelling and finite element analyses, and ranges from development of design criteria and concept engineering, through to detailed design of various aspects of facilities, structures, operations and installations.

Companies

Melbourne TEC Chambers logo

Melbourne TEC Chambers

Melbourne TEC Chambers is a "virtual" chambers of Australian barristers specialising in technology, engineering and construction disputes.

AMOG Consulting logo

AMOG Consulting

AMOG is a leading global solutions provider to the energy, resources, defence, rail and maritime construction industries. We combine the expertise of qualified, practised and forward-thinking engineers with the power of our international network. We solve complex, challenging engineering problems. We develop solutions by intimately understanding the breadth and depth of each issue; applying science, technology and clever thinking; conducting modelling, simulation and testing; and utilising our experience to get it right. We deliver our industry-leading scientific and engineering know-how to projects of any scale. Our clients trust in our cutting edge solutions to help them operate more effectively, safely and profitably. That’s how we add outstanding value.

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