Because of our expertise in the design, fabrication, construction and analysis of equipment, we have served as experts in arbitrations involving liabilities between the the designer, fabricator, operator and contractor. By resolving these disputes in this way, the principals save a great deal of unnecessary costs.
These cases have involved the failure of commercial and industrial components, power plants and equipment. We have handled both U.S. and international disputes ranging from $100,000 to $560,000,000.
The benefits of technical arbitration include more flexible proceedings, and is quicker and more cost effective than standard legal arbitration. Our practice is to provide all parties an opportunity to submit their position and to rebut others’ positions – we then determine the degree of responsibility of each party.
O’Donnell Consulting was asked to serve as technical consultants in an International Chamber of Commerce ($ 560 M) binding arbitration, performing the evaluation of the design, engineering and performance of heat recovery coke oven batteries in Brazil. We evaluated the design/ construction/ materials issues, as well as the thermal cycling of the refractory components.
The right expert can offer a powerful advantage during litigation – what sets us apart is our multi-disciplinary experience in engineering design, analysis and troubleshooting. Our investigations range from the simple to complex. Quite often Finite Element Analysis (FEA) is used to evaluate design, materials and fabrication/ construction defects. Finite Element Analysis has been qualified for use in the aerospace, marine and defense industries – and has passed the Daubert Challenge.