Technical Liability Assessment and Expert Opinion for Disputed Failures

A technical liability assessment is an independent expert opinion on where responsibility for a failure lies, judged against what each party was obliged to do. itmad provides technical liability assessment and expert opinion on disputed failures, product conformity, installation and design adequacy. itmad operates across the Middle East, Asia and Europe. Last reviewed: October 2026.

Why liability turns on technical questions

Seldom is the argument over whether something failed. They are about which party carries the failure, and the answer turns on technical questions: did the product meet the specification, was it installed as the manufacturer required, was it maintained adequately, and was the design fit for the duty it was given.

How it differs from damage assessment

A damage assessment answers what failed, why, and how far the damage reaches. A liability assessment goes a step further: it measures what happened against what each party was obliged to do and forms an opinion on where responsibility falls. The two are often commissioned together, but they answer different questions and a party frequently needs only one.

The questions itmad is asked

On product conformity, itmad considers whether the item as supplied met the specification, standard or code that it was sold against, and whether any deviation is material to the failure. On installation, whether the manufacturer's instructions and the applicable codes were followed and whether any departure contributed to the outcome. On maintenance and operation, whether the item was maintained at the required intervals and to the required standard and operated within its stated limits.

On design adequacy, itmad asks whether the design suited the conditions it was specified for and whether those conditions were correctly communicated at the time. Where more than one party contributed through an act or omission, itmad assesses the relative technical significance of each contribution, and it examines whether the item was already degraded or defective before the event relied upon, which frequently decides the outcome.

How the assessment is carried out

itmad examines the item physically where it is available and has been preserved, and reviews the specification, purchase documentation and contractual obligations of each party. It examines the applicable standards and codes and what they required at the relevant time, not today, and reviews installation records, commissioning documentation, manufacturer instructions, maintenance history, inspection certificates and operating data. Laboratory testing is used where the technical question cannot be settled without measurement, and the alternative explanations advanced by each party are addressed on the evidence.

The report

Each technical question put to itmad is answered in turn, every conclusion is tied to the evidence behind it, and the report separates what the evidence proves from what is still uncertain. The distinction matters: a view stated with more confidence than the evidence allows will not hold up under challenge, and an overreaching assessment harms the party that relies on it. When the evidence stops short of a conclusion, the report says so and identifies what would close the gap.

Independence

itmad forms its opinion on the evidence and reports it as found, including where it does not assist the instructing party, which is the only basis on which an opinion is worth anything when it does assist. itmad is not paid according to how the dispute ends, and has no hand in repairing or supplying the equipment under dispute.

Who commissions liability assessments

Insurers assess coverage or pursue recourse against a third party. Legal advisers need technical opinion on a contested point. Asset owners in dispute with a supplier, contractor or installer commission assessments, as do contractors defending an allegation of defective work, manufacturers responding to a product liability claim, and parties in mediation or negotiation where the technical facts are contested.

Frequently asked questions

What is a technical liability assessment?

It compares what happened with what each party was obliged to do and produces an independent expert opinion on where responsibility falls. The disputes it addresses turn on product conformity, installation, maintenance and operation, and design adequacy.

How does a liability assessment differ from a damage assessment?

A damage assessment establishes what failed, why and how far the damage extends, while a liability assessment goes on to form an opinion on where responsibility falls. They are often commissioned together, but they answer different questions and a party often needs only one.

What questions does a liability assessment address?

Product conformity, installation, maintenance and operation, design adequacy, contributory factors where more than one party contributed, and pre-existing condition. Pre-existing condition frequently decides the outcome.

What does the report state?

It addresses each technical question put to itmad, states the evidence relied on for every conclusion, and distinguishes clearly between what the evidence establishes and what remains uncertain. Where the evidence does not permit a conclusion, it says so and states what would be needed.

Who commissions a liability assessment?

Insurers assessing coverage or pursuing recourse, legal advisers needing technical opinion, and asset owners in dispute with a supplier, contractor or installer. Contractors defending an allegation of defective work, manufacturers responding to product liability claims, and parties in mediation also commission them.

Does itmad work on a contingent basis?

No. itmad holds no interest in the outcome of any dispute and does not act on a contingent basis. The opinion is formed on the evidence and reported as found, including where it does not assist the instructing party.