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looking for forensic engineer for stainless food equipment.

cyanidekid

Titanium
Joined
Jun 4, 2016
Location
Brooklyn NYC
one of my clients is in the kitchen equipment business, and has a completely incompetent operation designing and fabricating their units.
they experience consistent, repeated, and entirely predictable failures in gear that costs upwards of 150K. I have been swimming upstream just trying to get the most basic changes made to improve reliability, but have concluded it's hopeless.
I am about to recommend litigation for this client, and am looking for a forensic engineer that can confirm (or refute) my findings and potentially testify under oath if it gets to that. anyone have experience with this?
thanks, Cy
 

RC Mech

Stainless
Joined
Jul 21, 2014
Location
Ontario, Canada
Your client is a supply house/retailer? It’s hard to imagine incompetent boobs doing the design and fab, usually it’s one or the other.
 

cyanidekid

Titanium
Joined
Jun 4, 2016
Location
Brooklyn NYC
Your client is a supply house/retailer? It’s hard to imagine incompetent boobs doing the design and fab, usually it’s one or the other.
its an unconventional setup, basically a "gig economy" situation where the owner, who is my client, doesn't actually have any brick and mortar, but outsources all aspects of the biz. the fab shop does in fact do most of the mechanical design and fab, and is mind numbingly incompetent at both, which I've been telling him for years. just reviewing my options and how I can advise him to proceed.
 
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sfriedberg

Diamond
Joined
Oct 14, 2010
Location
Oregon, USA
That's how much of the sewn-products industry works, with the entrepeneur (manufacturer) hiring out pattern making (detailed design) and sewing (fab). Usually, the entrepeneur in that business is also the conceptual designer. Unless contracts state otherwise, the fab shop has been doing "work for hire" and all IP belongs to your client.

Your client may be better served by capturing all existing design documentation/IP and simply starting the hunt for a better vendor. Litigation may be pointless, as well as expensive. A half-decent lawyer for the fab shop could go a very long way with "He approved these designs for construction", "He paid for this constructed equipment" and "He should have done due diligence before giving approval and making payment." Unless the fab shop has done something truly egregious (simply taking your client's money and producing unreliable junk does not count) your guy is unlikely to get any sort of damages awarded. Unless there's a contract with product performance guarantees written into it (usually not the case for work-for-hire), the best case scenario at court is not very encouraging.
 

cyanidekid

Titanium
Joined
Jun 4, 2016
Location
Brooklyn NYC
Don’t disagree sf, well stated, but there are good reasons for establishing your “deviation from industry standards “ and “clear documentation of gross negligence” and “substandard performance violating a reasonable expectation of a warranty of merchantability” depending on state law of course, before getting down to brass tacks. That is all gist for the mill, whether you actually bring a case before the courts or not. Gotta cover your bases.
 

DDoug

Diamond
Joined
Oct 18, 2005
Location
NW Pa
its an unconventional setup, basically a "gig economy" situation where the owner, who is my client, doesn't actually have any brick and mortar, but outsources all aspects of the biz. the fab shop does in fact do most of the mechanical design and fab, and is mind numbingly incompetent at both, which I've been telling him for years. just reviewing my options and how I can advise him to proceed.
Walk away from your client....fast.

You've been "Telling him for years" and I'll wager the deafness from him is driven by money "yabutt they work cheap & fast".

Get as far away as fast as you can.
 

Sam L

Aluminum
Joined
Oct 12, 2007
Location
NJ
I don't really understand what you want to sue him for?
If your client doesn't like the work, then he should use someone else.
No one is forcing him to use that fab shop.
Its like getting a steak at a restaurant, complaining that the steak sucks. Then going back and complaining again.
It sounds like your problem is with your client.
 

jccaclimber

Stainless
Joined
Nov 22, 2015
Location
San Francisco
I used to work at a place that did a lot of accident forensics/reconstruction. A lot more on the vehicle collision/industrial accident side of things, but they are a reasonably bright group and machinery failure without human injury was an occasional topic. Based in the Midwest, but they travel.
Also used to use a metallurgist in Texas that always had attorneys wandering through his place, to the point that I think he eventually added some rooms for depositions. I'll bet they know who is good in that space. If either of these seem relevant send me a DM and I'll reply with their info.
 

standardparts

Diamond
Joined
Mar 26, 2019
You probably looking for a referral from someone...
But was kinda surprised what a google search of "defective restaurant equipment forensics" yielded.

Would imagine a phone consultation would cost nothing and if your issue has merit would result in getting pointed in the right direction.
 








 
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