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itmad

Capabilities / Specialist Services

Technical Liability Assessment and Expert Opinion in Norway

itmad provides independent technical liability assessment and expert opinion in Norway on disputed failures, product conformity and design adequacy.

A technical liability assessment is an independent expert opinion on which party carries a failure, measured against what each party was obliged to do, and itmad provides technical liability assessment and expert opinion in Norway on disputed failures, product conformity, installation and design adequacy. A liability assessment turns on technical questions: did the product meet the specification, was the product installed as the manufacturer required, was the product maintained adequately, was the design fit for the duty required of the design. itmad has worked in Norway for more than 10 years.

Why liability disputes turn on technical questions

Liability disputes are rarely about whether something failed. Such disputes are about which party carries the failure, and the answer turns on technical questions: did the product meet the specification, was the product installed as the manufacturer required, was the product maintained adequately, was the design fit for the duty required of the design.

How liability assessment differs from damage assessment

A damage assessment establishes what failed, why, and how far the damage extends. A liability assessment takes the next step: measuring what happened against what each party was obliged to do, and forming an opinion on where responsibility falls. The two are frequently commissioned together, but the two answer different questions and a party often needs only one.

Questions itmad is asked to address

  • Product conformityWhether the item as supplied met the specification, standard or code that the item was sold against, and whether any deviation is material to the failure.
  • InstallationWhether installation followed the instructions of the manufacturer and applicable codes, and whether departures from the instructions and codes contributed to the outcome.
  • Maintenance and operationWhether the item was maintained at the required intervals and to the required standard, and whether the item was operated within the stated limits.
  • Design adequacyWhether the design was suitable for the conditions that the design was specified for, and whether the conditions were correctly communicated at the time.
  • Contributory factorsWhere more than one party contributed through an act or omission, the relative technical significance of each contribution.
  • Pre-existing conditionWhether the item was already degraded or defective before the event relied upon, which frequently determines the outcome.

How a liability assessment is conducted

  • Physical examination of the item where the item is available and has been preserved
  • Review of the specification, purchase documentation and contractual obligations of each party
  • Examination of the applicable standards and codes, and what the standards and codes required at the relevant time rather than today
  • Review of installation records, commissioning documentation and manufacturer instructions
  • Review of maintenance history, inspection certificates and operating data
  • Laboratory testing where the technical question cannot be settled without measurement
  • Consideration of the alternative explanations advanced by each party, addressed on the evidence

The liability assessment report

The report addresses each technical question put to itmad, states the evidence relied upon for every conclusion, and distinguishes clearly between what the evidence establishes and what remains uncertain. That distinction is the point: an opinion stated more firmly than the evidence supports will not survive being tested, and an assessment that overreaches damages the party relying on the assessment. Where the evidence does not permit a conclusion, the report says so and states what would be needed to reach one.

Independence in liability assessment

itmad forms an opinion on the evidence and reports the opinion as found, including where the opinion does not assist the instructing party, which is the only basis on which an opinion is worth anything when the opinion does assist. No fee depends on the outcome of the dispute, and itmad neither repairs nor supplies the equipment in dispute.

Who commissions liability assessments

  • Insurers assessing coverage or pursuing recourse against a third party
  • Legal advisers requiring technical opinion on a contested point
  • Asset owners in dispute with a supplier, contractor or installer
  • Contractors defending an allegation of defective work
  • Manufacturers responding to a product liability claim
  • Parties in mediation or negotiation where the technical facts are contested

Frequently asked questions

What is a technical liability assessment?

A technical liability assessment measures what happened against what each party was obliged to do, and forms an independent expert opinion on where responsibility falls. Liability disputes turn on technical questions about 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 takes the next step and forms an opinion on where responsibility falls. The two are frequently commissioned together, but the two answer different questions and a party often needs only one.

What questions does a liability assessment address?

A liability assessment addresses product conformity, installation, maintenance and operation, design adequacy, contributory factors where more than one party contributed, and pre-existing condition. Pre-existing condition frequently determines the outcome.

What does a liability assessment report state?

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

Who commissions a liability assessment?

Insurers assessing coverage or pursuing recourse against a third party commission liability assessments, as do legal advisers requiring technical opinion on a contested point and asset owners in dispute with a supplier, contractor or installer. Contractors defending an allegation of defective work, manufacturers responding to a product liability claim, and parties in mediation or negotiation also commission liability assessments.

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 the opinion does not assist the instructing party.