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Privately-commissioned expert report

This case concerns a second-opinion report produced by A. MERGER Experts concerning a dispute over a 16-tonne overhead crane.

The equipment delivered and installed had rapidly experienced breakdowns and malfunctions, such that it had to be replaced. The purchaser company had taken legal action against the supplier. The supplier, for its part, had requested the appointment of an expert, whose report was challenged by the purchaser company. This company then appointed our firm to provide a second opinion.

The brief of A. MERGER Experts was to:

  • Familiarise itself with the case documents and with all the documents added in the course of the challenged court expert report.
  • Attend the premises in the presence of the purchaser company's technical experts.
  • Record the defects, describe them and search for their causes and for the liabilities relating to them.
  • Determine whether or not the electrical installation and the electrical cabinet were of insufficient dimensions for the hoist at issue.
  • Determine whether the supplier performed its task in accordance with accepted good practice (advice, supply and installation of an appropriate solution).
  • Specify the losses of the purchaser company, as a minimum determine – as necessary – the operating losses and losses related to coverage of the fixed costs.

We had the option of appointing any specialist of our choice to work with us and of obtaining information from any professional of our choice, in order to fulfil the various parts of the above-mentioned brief.

MERGER
Court experts
Avenue de la Gare 56
CH-1920 Martigny
T +41 (0)27 565 33 88
F +41 (0)27 722 44 35