FORENSIC ENGINEERING APPLIED TO CONTRACT MANAGEMENT IN THE CONSTRUCTION INDUSTRY

摘要

This paper deals with Forensic Engineering (FE) practice in the field of Contract Management with special emphasis on infrastructure construction. The following failure case studies are discussed along with their contractual and post-contractual analyses: (1) FE applied in the judicial phase during contract performance and prior to possible contract resolution; (2) FE applied in the judicial phase after contract resolution or conclusion, aimed at reaching a transaction before the judge's decision; and (3) FE applied in the judicial phase after contract resolution or conclusion, aimed at clarifying unexpected technical issues of the contract to the judge and supporting his/her decision. It is shown that forensic investigations played a key role in all case studies, by reducing costs and ensuring benefits for both the construction companies and their clients.