What Corporate Counsel Need to Know About Engaging Forensic Engineers

Don Charrett, Chairman, AMOG Consulting, Australia

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.

Dr Donald Charrett BE(Hons), LLB(Hons), MConstLaw, PhD, FIEAust, MIAMA Dr Charrett was appointed a Non Executive Director of AMOG in 2010, and assumed the role of Chairman in late 2011. He currently practises as a barrister at the Victorian Bar, specializing in building and engineering disputes, and is an accredited Arbitrator and Mediator. His career in construction law has included litigation, mediation, expert assisted determination, facilitation of an experts’ conference, arbitration of construction disputes and membership of dispute boards. He is an accredited FIDIC trainer, a Founding Member of the Society of Construction Law in Australia, and is the first chairman of Melbourne TEC Chambers, a “virtual” chambers of barristers at the Victorian Bar. He also chaired the Committee that organized the Fourth International Construction Law Conference, held in Melbourne in May 2012. Prior to becoming a lawyer, Dr Charrett worked as an engineer for over 30 years, commencing with three years on the staff of Monash University. His engineering career as a consulting engineer included 12 years as a director of a medium sized Australian consulting engineering firm carrying out design for projects in the offshore, mining and infrastructure sectors. His engineering experience included computer applications, structural design, managing engineering projects and acting as an expert witness, and management roles in contract negotiation and administration, insurance, international joint ventures and corporate restructuring. Dr Charrett has published widely on legal and engineering subjects, and presented papers at engineering and legal conferences and seminars in Australia and internationally. His legal publications include articles in Australian and international journals on FIDIC contracts, the avoidance of disputes, scope and risk in contracts, contractual lessons from past projects, design and construct contracts, quantum meruit, solidary liability, professional indemnity insurance, reinsurance and managing design risk. He is a joint author, with Philip Loots, of “Practical Guide to Engineering and Construction Contracts”, published by CCH in 2009.

AMOG is a leading global provider of specialist analytical and design solutions to the energy, resources, defence, rail and maritime construction industries. AMOG has offices around Australia and in Houston, USA and provides solutions to clients around the world. AMOG has a 21-year record of delivering our industry-leading scientific and engineering know-how to projects of any scale. AMOG’s cutting edge solutions are typically associated with critical design or operational issues enabling its clients to operate more effectively, safely and profitably. A significant portion of AMOG's work each year is forensic engineering and support to legal cases. AMOG’s contribution to such legal cases includes high-end analysis and simulation in support of failure investigations, provision of specialist technical advice and the provision of expert witness services.