Forensic Engeneering

Over the years, SCL has gained experience in the so-called forensic engineering sector, providing technical support, both in the public and in the private sphere, in the various lawsuit and contentious procedures. The activity carried out, both in judicial and out-of-court matters, included the appointment of CTP (part technical consultant) and / or CTU (technical office consulting) assignments in the various proceedings. Participation in commissions for the honorary settlement of disputes.
Following some details of the most important ones:

Technical assistance and CTP in defense of the Bergamo Hospital Body, Italy

DESCRIPTION: The positions held as a consultancy, concerning the construction of the New Hospital of Bergamo Pope Giovanni XXIII, provided both for technical insights on specific topics – at the request of the Customer – falling within the civil / construction engineering sector and formal CTP’s activities. With regard to the latter, the following functions have been implemented:
1) Part Technical Consultant (CTP) in civil cases brought by the ATI (Temporary Association of Companies) Contracting Authority for the construction works of the New Hospital of Bergamo, essentially having regard to the reserves entered by the ATI during the contract.
2) Part Technical Consultant (CTP) in the prior procedure of technical assessment requested by the New Hospital of Bergamo, Pope Giovanni XXIII, concerning the quantification of faults and defects of the works executed by the ATI as part of the work for the new hospital complex.
DURATION OF ACTIVITIES: from January 2013 currently underway.
CLIENT: New Hospital of Bergamo Pope Giovanni XXIII
PLACE: Bergamo

Technical assistance and CTP to defend Generali Real Estate SPA, Milano, Italy

DESCRIPTION: The positions held as a consultancy provided both for technical insights on specific topics – at the request of the Client – falling within the civil and structural construction and the technical installations of the building complex of Via Piranesi 44 in Milan and formal activities. With regard to the former, specific appraisals were drafted in order to ascertain the state of consistency of the buildings and the time evolution of the contract for their implementation. With regard to the latter, following the preliminary investigation, the role of Technical Consultant in the civil action is still in progress in the lawsuit brought by Generali Real Estate SpA against the Bankruptcy Castelli RE SpA (the company that awarded the work for the construction of the complex in Via Piranesi), having as object the receivables claimed by Generali Real Estate SpA against the Bankruptcy Castelli RE.
DURATION OF ACTIVITIES: from June 2014 currently underway
CLIENT: Generali Real Estate SpA
PLACE: Milan

CTU within the arbitration proceedings Todini Costruzioni GEnerali SPA / Consorzia Pizzarotti Todini Kef Eddir, Algeria

DESCRIPTION: The assignment was entrusted by the Arbitration Board appointed for the Arbitration Procedure promoted by Todini Costruzioni Generali SpA against Consorzio Pizzarotti Todini Kef Eddir. The consultancy, carried out on the basis of a specific question formulated by the Arbitration Board, provided for a partial technical, patrimonial and economic reconstruction of the contract relating to the construction of the KEF EDDIR dam in Algeria, entrusted by the Ministere des ressources en Eau – Agence Nationale del Barrage et Transferts (hereinafter “ANBT”) of the Republic of Algeria to the Pizzarotti-Todini Kef Eddir Consortium.
DURATION OF ACTIVITIES: from December 2015 to May 2016
CLIENT: Todini Costruzioni Generali SpA Consorzio Pizzarotti Todini Kef Eddir
PLACE: Milan

Member of the commission pursuant to Art. 240 D. LGS. 163/2006 concerning the design, construction and management of line 5 of the Milan Metro, Italy

DESCRIPTION: The assignment was carried out behind trust of Metro 5 Company, awarded for the design, construction and management of Line 5 of the Milan Metro (Commissioner of the work: the Municipality of Milan). Within the Commission the reserves entered by the company were examined, arriving at a motivated proposal for an amicable agreement accepted by the Parties.
DURATION OF ACTIVITIES: from October 2013 to February 2014
CLIENT: Metro 5 company
PLACE: Milan

President of the commission pursuant to Art. 240 D. LGS. 163/2006 concerning the executive planning and construction of the “other headquarter of the Lombardy region”. Milan, Italy.

DESCRIPTION: The assignment was carried out by the entrusting of the parties involved for the construction of the complex defined as the Other Seat of the Lombardy Region (Costumer: Infrastrutture Lombarde SpA; Contractor: Consorzio Torre). Within the Commission the reserves entered by the company were examined, arriving at a motivated proposal for an amicable agreement accepted by the Parties .
DURATION OF ACTIVITIES: from January 2010 to November 2010
CLIENT: Infrastrutture Lombarde SpA, Torre Consortium
PLACE: Milan

International arbitration between Dematic PTY LTD and Nedconmagazinjninrichting B.V. Sindey, Australia

DESCRIPTION: The assignment regarded the preparation of a technical report connected to the arbitration dispute related to a high bay racking system with integrated pick floors which is known as the “Woolworths Regional Distribution Centre” in Brisbane, Australia.
DURATION OF ACTIVITIES: June – July 2013
CLIENT: Schubert Rechtsanwälte (Cologne, Germany) in connection with international arbitration Nedcon-Dematic
PLACE: Sydney, Australia

Technical and legal consultancy, Kuala Lumpur, Malaysia

DESCRIPTION: From 2012 to 2014, the assignment regarded a technical-legal consultancy by a major international rack and warehouse manufacturer. The lawsuit concerned the compensation for damages caused by the collapse of pallet racks that took place, in 2007, in a warehouse in Malaysia owned by a important local logistics company.
Eng. Sesana, as an expert, collaborated with the Skrine law firm, prepared the technical reports and participated in the hearings at the court in Kuala Lumpur.
The dispute ended in 2014 and was fully favorable to the manufacturer.
DURATION OF ACTIVITIES: 2012-2014
CLIENT: Skrine – Advocate and Solicitors
PLACE: Kuala Lumpur, Malaysia