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Engineering Arbitration: When a Design or Installation Fails To Meet Expectations

Sunday, November, 25, 2012


 

Engineering arbitration is a form of arbitration that solves disputes based on design or installation of equipment that fail to meet expectations.  In matters of technical application and engineering, if a client or employer is not satisfied with the outcome of your work, despite the fact that you followed protocol and instructions, engineering arbitration might become necessary to avoid further legal difficulties that might arise from the situation.


Arbitration is a form of Alternative Dispute Resolution (ADR) in which a neutral, third-party arbitrator who is an expert in the field of engineering law will listen to the details of the case.  He or she will meet separately with both parties involved in the dispute to gather information related to the case, and then conduct an arbitration hearing.  Often, this hearing occurs over the phone via teleconferencing. 


After hearing all of the details related to the specific circumstances and faulty engineering or installation in question, the arbitrator will then have a limited number of days in which he or she will make a decision regarding the outcome of the dispute.  If both parties agree to binding arbitration, the arbitrator’s decision will be final and further litigation cannot be pursued.  If both parties agree to non-binding arbitration, either party has the option to re-open the case in court through litigation if they are not happy with the arbitrator’s final recommendation. 


Engineering arbitration might be a wise choice if your technical expertise is called into question on the job or after doing work for a client involving engineering or installation.  Since there are legal implications for possible failure of equipment or injury that occurs due to allegations of faulty craftsmanship or installation procedures, it is a good idea to make sure your side is heard and that the situation is dealt with in a quick and expert manner.