When construction projects or facility systems fail, the consequences can be complex—and costly. Few understand this better than Bill Acorn, an internationally recognized forensic engineer, expert witness, and founder of Acorn Consulting Services, LLC (ACS).

In this exclusive Lawyer Monthly feature, Acorn offers a detailed look at the world of forensic engineering, explaining how expert witnesses help legal teams resolve disputes in construction, design, and facilities management.

Understanding the Scope of Acorn Consulting Services (ACS)

ACS provides expert services related to the built environment, specializing in HVAC, piping, plumbing, fire protection, and energy management systems that affect the operation and performance of commercial, institutional, and industrial buildings.

“We evaluate both the design and construction of these systems,” Acorn explains, “and opine on matters related to defects, standard of care, environmental control, and contractual disputes.”

ACS also advises on intellectual property cases, including trade secret misappropriation and patent infringement related to building systems and technologies.

How ACS Supports Clients in Litigation and Forensic Matters

Each case involves a unique set of facts, participants, and technical challenges. Acorn and his team evaluate the who, what, where, and how behind each claim and develop a strategic plan to support the litigation process.

This often includes on-site investigations, component testing, document review, and collaboration with other subject-matter experts such as electrical, structural, or metallurgical engineers. In complex disputes, ACS helps coordinate expert efforts to avoid overlap and ensure consistency in the findings presented to counsel.

Inside the Litigation Consulting Process

The firm customizes its methods to each case, depending on the technical complexity and nature of the alleged failure. Evaluations may include:

• Observation and documentation of construction sites

• Review and reconstruction of design calculations

• Testing of materials, components, and systems

• Long-term performance trend analysis

• Non-destructive and destructive testing

Based on these results, ACS prepares authoritative expert reports, advises on discovery strategy, or develops rebuttal reports addressing opposing expert opinions—all while maintaining transparency and cost-effectiveness.

Expert Analysis for Plaintiffs vs. Defendants

ACS works with both plaintiff and defense teams, always maintaining scientific integrity.

“For plaintiffs, we build affirmative expert opinions based on sound engineering and verified evidence,” says Acorn. “For defendants, we evaluate the opposing expert’s methods and conclusions, recognizing those that are valid and rebutting those that are not.”

Through careful analysis, testing, and clear communication, ACS provides objective, defensible insights that help shape legal strategy on both sides of the courtroom.

Common Cases Involving Facility and Engineering Failures

ACS’s expertise spans a wide range of forensic engineering and construction-related disputes, including:

• HVAC system performance issues

• Cleanroom and humidity control failures

• Power and process piping system malfunctions

• Energy management system defects

• Fire, explosion, and chemical exposure claims

• Code compliance and design negligence cases

The firm frequently evaluates advanced manufacturing sites, hospitals, data centers, and large commercial buildings—anywhere technical failures have serious operational or legal consequences.

The Critical Role of Forensic Experts in Complex Litigation

“In complex facility disputes,” Acorn explains, “a forensic expert should be brought in as soon as possible.” Immediate engagement ensures that critical evidence, such as damaged components or environmental conditions, is preserved.

Delays can make it much harder—and more expensive—to determine the root cause of a system failure. A seasoned forensic engineer can help organize evidence, coordinate specialists, and present technical findings clearly to attorneys, judges, and juries.

Skills Every Forensic Engineer Must Master

Forensic engineering is both analytical and interpretive. “A skilled forensic analyst,” says Acorn, “must reconstruct what went wrong using limited data—facts that a layperson might find completely inadequate.”

Essential skills include:

• Deep technical experience and applied engineering judgment

• Strong written and verbal communication

• Objectivity under cross-examination

• Ability to simplify complex theories for lay audiences

Acorn adds that confidence, composure, and intellectual humility are equally vital. “The best experts know when to acknowledge weaknesses and prepare their clients accordingly.”

How Experts Stay Current in a Rapidly Evolving Field

To maintain credibility, experts must stay at the forefront of their discipline. Acorn prioritizes continuing education, teaching, and publishing, noting that instructing others sharpens one’s understanding and communication.

“Teaching seminars or writing for professional journals forces you to organize information, challenge assumptions, and explain complex topics in simple terms,” he says.

By engaging in professional organizations like FEWA and NAFE, experts also learn the legal nuances that distinguish effective expert testimony from routine technical consulting.

Advice for Aspiring Litigation Consultants

Acorn encourages emerging professionals to cultivate both technical mastery and credibility:

“Be known as the go-to person in your field. Teach, publish, and stay active in professional organizations. Learn to communicate technical ideas clearly—and never stop challenging yourself.”

He emphasizes humility and lifelong learning: “There will always be someone with greater experience. The best experts never stop learning from others.”

About Bill Acorn and Acorn Consulting Services

William R. Acorn, P.E., DFE, FASHRAE, CFLC
Founder, Acorn Consulting Services, LLC
16420 N 92nd St, Suite 200B, Scottsdale, AZ 85260, USA
Tel: +1 602-888-7250 | Fax: +1 520-577-0851
E: bill@acs-eng.com

Bill Acorn is an internationally recognized authority on forensic engineering and facility system analysis, with over 45 years of experience. As an expert witness and litigation consultant, he has represented plaintiffs, defendants, and insurers in high-value cases exceeding $250 million.

Founded in 1999, Acorn Consulting Services specializes in diagnosing and resolving issues involving design, construction, code compliance, environmental control, and performance of mechanical and building systems.

Hogan Lovells has advised ICM S.p.A. (ICM), a leading Italian construction company, on a €25 million dual bond issuance. The firm also advised Banca Finint, which acted as arranger, and the investors involved in the transaction.

The proceeds from the bonds will help fund ICM’s growth plans over the next three years, including major projects under Italy’s National Recovery and Resilience Plan (PNRR).

To manage potential conflicts of interest, Hogan Lovells used two separate legal teams, working under an “ethical wall.”

The team advising Banca Finint and the investors was led by partners Patrizio Messina and Sabrina Setini, with support from senior associate Pietro Tirantello and associate Gabriele Ippolito.

The team representing ICM was led by partner Alessandro Accrocca, assisted by associate Edoardo Minnetti and trainees Noemi Biagini and Riccardo Del Torto.

ICM S.p.A. (Gruppo ICM) is a leading Italian construction and engineering group founded in 1921 by Giuseppe Maltauro in Recoaro Terme. Headquartered in Vicenza, the company has grown into one of Italy’s top general contractors, delivering major public and private infrastructure projects.

The group operates through a network of specialized companies focused on civil engineering, industrial construction, infrastructure development, environmental solutions, and real estate. Its portfolio includes roads, bridges, railways, tunnels, airports, hospitals, commercial centers, and residential complexes.

ICM employs over 1,000 professionals and holds key certifications, including UNI EN ISO 9001 for Quality Management. The company is recognized for its commitment to sustainability, innovation, and high-quality construction standards.

Internationally, ICM has completed projects in Austria, Romania, Slovakia, Switzerland, Cameroon, Cape Verde, Kenya, Lebanon, Libya, and Qatar.

Hogan Lovells is a global law firm with over 2,600 lawyers across six continents, offering top-tier legal services in complex litigation, regulatory, and transactional matters. Known for its deep industry knowledge and cross-border capabilities, the firm partners with clients to solve their toughest legal challenges and drive strategic growth. Hogan Lovells serves major players in life sciences, financial services, technology, energy, and beyond, combining local insight with global reach.

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In case of construction accidents, workers can turn to workers’ compensation to provide financial relief while they recover from injuries. Riverside construction accident attorney Abel H. Fernandez states that a personal injury lawyer can help you understand your rights and assist you with your case to improve your chances of getting the workers’ compensation you deserve. 

Read this article to find out what legal steps you should take following a construction accident. 

Seek Immediate Medical Attention

Health should always come first after construction accidents. When adrenaline is high, people may ignore injuries that cause complications. Always see a doctor, even if you feel perfectly healthy after an accident. Some injuries are internal and may not immediately show signs of damage.

Record medical visits, tests, and treatments. These documents are important when you file a claim or decide to seek compensation. Following your doctor's treatment is important for recovery and supporting your case.

If you want to file a workers compensation claim after the accident, you should keep all treatments and communications related to your claim. A workers compensation lawyer advises keeping these medical documents from an authorized practitioner to ensure eligibility and establish your condition. 

Report the Incident

Reporting the incident is another way to document it. Report to the supervisor or site manager after your condition has stabilized. An official incident report is important for future claims.

Include the time, place, and accident circumstances in the report. Ask witnesses for their accounts to strengthen your case.

For safety violations, notify your employer and the local occupational safety office so they can investigate and prevent future incidents.

Document the Scene

Establishing and determining facts about the accident can help your case by providing supporting evidence. 

Take clear photos of the accident scene. Take pictures from different angles and include equipment and hazards. Record your wounds. Photograph weather and lighting conditions that may have caused the accident.

Create a timeline of the incident to demonstrate how events led up to the accident. This timeline should include important details like the accident's time, date, and circumstances.

Request a copy of the safety report and maintenance log for equipment used in the accident. Organize and collect all relevant information so that it is readily available when needed. 

Notify Your Employer

You must notify your employer of the construction accident. Do this after you have assessed the safety of yourself and the other people involved in the accident. Informing your supervisor or manager about the accident is a good way to encourage them to address workplace issues and reduce the risk of future accidents. 

Be honest and direct when reporting the incident to your employer. Help create an accurate incident report by providing complete details of the accident. 

Do this as soon as possible. Delays in reporting can hurt the chances of your claim and can threaten your rights as a worker. 

Consult a Legal Professional

Consult a lawyer to protect your rights in complex construction accidents. A construction accident attorney is knowledgeable in construction industry laws and can guide you throughout the legal proceedings. 

Hiring a lawyer will result in an investigation of the accident. During the investigation, the lawyer will be able to identify any negligent or unsafe practices that contributed to your injuries. 

Construction accident attorneys will take into account medical expenses, lost wages, and pain and suffering to maximize a construction accident victim’s claim. They use their expertise and knowledge to effectively represent an injured construction worker.

When selecting a lawyer to represent your case, look for someone who has experience with cases similar to yours and whose approach to handling cases suits you. 

Do not be afraid to seek legal counsel after a construction accident in order to receive fair compensation and protect your rights.