Insured is an acoustic engineer contracted to provide
recommendations on steps necessary to ensure that tunnel
reverberation noise did not exceed the maximum levels for a rail
tunnel in Sydney.
Absorption panels were recommended throughout the tunnel but
the contractor (claimant) did not follow the recommendation,
seeking a lower cost solution.
Tunnel noise breached allowable level and significant remediation
work required; cost $18 million for which client is being sued.
Litigation will involve resolution of dispute regarding appropriate
measurement methodology; causation and quantum.
Will undoubtedly proceed to trial and defence costs will be BIG.