What are the types of cases, expert witnesses are called upon to testify in court & what are the stakes?
1. Types of Cases I. Airplane crash II. Defective products III. Personal injury IV. Property damage V. Traffic accident 2. Stakes I. Legal liabilities II. Economic interests III. Reputations of…
How should Expert Engineers function?
They should function as impartial seekers of facts & Communicators of truth but not as hired guns i.e. advocates for lawyers, officials, etc.
What is the work done by Engineers as Experts?
Engineers, in their position as experts, explain the happenings of the past in terms of Causes of accidents, malfunctions of equipment and other technological events. They also help in events …
What are the steps to be taken resolve disputes?
1. Define how risks are to be apportioned and payment of fees to be made 2. Make contractual provisions for dispute solving vehicles to avoid legal battles in lines of mediation –…
What are the reasons that cause ‘Disputes’? Who is the major loser in any dispute?
• Large projects involve owners, consultants and contractors and many participants at various levels in these three organizations. • Overlapping responsibilities, fragmented control, delays and inability to resolve disputes are some of…
How ‘Safety and client needs’ should be addressed by consulting engineers?
Consulting engineers have greater freedom with wider areas of responsible decision making compared to salaried engineers. This creates special difficulties for consulting engineers. In ‘design-only’ projects, consultants do not have …
When does the ‘contingency fee’ become permissible?
To decide whether ‘contingency fee’ practice may be allowed or not, the potential gains should be weighed against the potential losses. Hence, this again calls for contextual reasoning based on …
How does NSPE address the issue of ‘Contingency Fee’?
NSPE has addressed this issue as follows: “An engineer shall not request, propose, or accept a professional commission on a contingent basis under circumstances in which his professional judgement may…
What is your understanding of Contingency Fees?
Contingency fee is dependent on some specific conditions beyond normal, satisfactory performance in work. • A client may hire a consultant engineer to find methods of cost saving on an ongoing…
When consulting engineers reject competitive bidding, what can be the basis of their selection?
Consulting engineers, in the absence of competitive bidding can be selected only based on their reputation and proven qualification. But younger, competent engineers may be disadvantaged by this method.
