A commercial HVAC system failed on a Friday afternoon in July. By Monday morning, the insurance carrier faced a seven-figure claim, the building owner threatened litigation over lost rental income, and the property manager needed answers about whether this was a design defect, installation error, or maintenance failure. The technical investigation would require mechanical engineering expertise, electrical system analysis, and an understanding of building codes spanning the original 2019 construction and subsequent modifications. This is where MEP forensic investigation becomes essential.
This scenario plays out hundreds of times across the United States each year. Empirical analysis of multi-year monitoring data covering more than 60,000 pieces of HVAC equipment documented persistent fault patterns across 90 million equipment operating hours.
MEP system failures represent a significant source of building-related claims, yet many risk managers and claims professionals lack clarity on what MEP consulting actually involves, which failures generate the most claims, and how to select qualified consultants when technical disputes arise.
Professional engineering, not equipment maintenance
MEP consulting is a licensed professional engineering specialty focused on mechanical, electrical, and plumbing building systems. Professional engineer licensing requires a bachelor’s degree from an EAC/ABET-accredited engineering program, passage of the Fundamentals of Engineering examination, qualifying engineering experience (typically four years), and passage of the Principles and Practice of Engineering examination.
This distinction between licensed engineering and maintenance work matters significantly in claims management and litigation, where expert opinions must withstand legal scrutiny. The field encompasses three primary system categories.
- Mechanical systems include heating, ventilation, air conditioning, and air handling systems designed to ASHRAE standards.
- Electrical systems cover power distribution, lighting, emergency systems, and fire alarm integration specified to meet NFPA 70 National Electrical Code requirements.
- Plumbing systems address water supply, drainage, sanitary systems, and storm water management designed per ASPE guidelines. Rimkus MEP engineers maintain credentials across all three disciplines.
ASPE guidelines and NSPE standards establish that forensic investigation and expert witness services in these MEP disciplines operate under identical professional engineering ethics codes and licensing requirements as design engineers, ensuring consistent professional standards across all service areas including claims investigation and litigation support.
MEP engineers engaged in forensic work follow the same professional codes of conduct as all other engineering disciplines. Licensed professional engineers in forensic practice must adhere to the NSPE Code of Ethics whether they are designing new systems or investigating failures in existing buildings. Professional engineering licensing boards apply uniform standards across all practice areas, including claims investigation and expert testimony.
The service categories span the building lifecycle: design and engineering services following applicable codes, forensic investigation and expert testimony for litigation support, compliance verification against ASHRAE and ASPE standards, and system assessment for performance evaluation. Each service category requires professional engineer credentials, liability insurance, and adherence to industry technical standards.
Common MEP failure patterns that generate claims
Understanding certain patterns helps identify risk exposure before problems escalate into costly litigation. Research and industry data reveal where commercial buildings consistently fail, creating liability exposures that building owners and insurers need to recognize early. These can include:
- AC systems – AC systems across nine commercial sites show airflow defects as the biggest problem. Dirty filters, fan belt slippage, improper damper positioning, and duct leaks create ongoing issues that don’t resolve with basic maintenance.
- Air handling units – About 20% of air handling units operate with measurable defects for extended periods. Building owners face mounting energy costs, tenant complaints, and system failures that can create seven-figure liability exposures when problems compound over time.
- HVAC – Key HVAC faults increase commercial building energy consumption by 0.35 to 1.7 quads annually, representing billions in wasted energy costs. This waste often becomes the basis for economic damages claims when buildings consume far more energy than design projections.
- Refrigerant charge – National Renewable Energy Laboratory (NREL) and Lawrence Berkeley National Laboratory (LBNL) research identified refrigerant charge deficiencies as a critical defect category. Poor installation, system leaks, inadequate commissioning, and technician errors during maintenance create these problems. Duct leakage follows similar patterns from workmanship issues and material degradation.
- Motors, transformers, switchgears – IEEE 493 Standard documents comprehensive failure rate data for commercial and industrial electrical systems. Extensive industry surveys provide empirical failure rates for motors, transformers, circuit breakers, switchgear, motor control centers, and cable systems.
- Automation systems – Building automation system failures affect multiple systems simultaneously. Research on BAS data from 151 U.S. buildings found these control system malfunctions create problems across HVAC, lighting, and life safety systems at once.
Key faults increase commercial building annual energy consumption by between 0.35 and 1.7 quads, representing billions of dollars in annual energy waste across the commercial building stock. This energy waste often becomes the basis for economic damages claims when building owners discover that newly constructed facilities consume far more energy than design projections indicated.
What technology is reshaping investigation capabilities?
Building information modeling (BIM), digital twins, and sensor data have become standard tools for forensic engineers investigating system failures. These technologies give investigators detailed visibility into building systems and failure patterns ahead of emergencies.
BIM
For forensic investigators, BIM provides “as-built” documentation that shows installation deviations from design intent. When MEP systems fail, investigators can check coordinated 3D models showing intended equipment locations, duct routing, pipe sizes, and electrical distribution paths. This helps determine whether failures came from design defects or field installation errors.
Digital twins
A digital twin in MEP engineering is a real-time virtual replica of a building’s mechanical, electrical, and plumbing systems that uses sensor data to mirror the actual performance of the physical equipment. Predictive digital twins help with failure analysis by storing historical equipment performance data before system failures occur. They also help engineers diagnose issues remotely by comparing actual performance against expected parameters.
Sensor data
Sensor data gives MEP engineers real-time visibility into how building systems are actually performing, which helps them make smarter decisions about maintenance, troubleshooting, and optimization. Investigators can examine sensor data showing temperature changes, pressure problems, and energy consumption patterns in the days and weeks before HVAC equipment fails.
Real-time integration expands investigation scope with processes like BIM and digital twins. Investigators get a complete picture of how building systems interact during failure events instead of analyzing just one system at a time.
Federal evidentiary standards for MEP expert selection
Insurance claims managers and litigation attorneys must apply rigorous selection criteria grounded in federal evidentiary standards. Federal Rules of Evidence Rule 702 requires that expert witnesses meet four criteria: specialized knowledge that helps the trier of fact, testimony based on sufficient facts or data, testimony using reliable principles and methods, and reliable application of those methods to case facts.
The Kumho Tire decision extended Daubert standards to engineering experts. MEP consultants providing expert testimony face the same methodology scrutiny as other engineering experts under Federal Rules of Evidence Rule 702.
Professional qualification requirements
NSPE guidance establishes five essential elements for expert witness eligibility: relevant engineering degree, years of experience in the specific field, knowledge of the particular case area, publication record from the preceding 10 years, and testimony history from the preceding four years. Courts apply strict qualification standards. Legal analysis shows that general field expertise alone proves insufficient for admissibility.
This precedent has direct implications for MEP consultant selection. Case law establishes that an MEP consultant may be highly qualified in general HVAC systems but excludable from testimony on specific equipment failures they have not directly investigated or worked with. Claims managers and attorneys must verify that consultants possess equipment-specific experience matching the systems at issue in the claim or litigation, as general field expertise is insufficient for legal admissibility.
Forensic Training and Certification
The NAFE provides continuing education on forensic engineering practice, jurisprudence, and specialized forensic skills. NAFE certification (Diplomate Forensic Engineer – DFE) indicates specialized forensic training beyond standard technical engineering credentials.
Expert Vetting Framework
Verify these components for legal admissibility:
- Legal compliance with all four Federal Rule of Evidence 702 elements
- Active PE license and NSPE Code of Ethics compliance
- Case-specific technical qualifications with system-specific experience documentation
- Ethical disclosure documenting independence and prior relationships
Partner with qualified MEP forensic experts
Rimkus MEP consulting experts maintain active PE licenses across multiple states with decades of combined experience in forensic investigation, expert testimony, and code compliance verification. Our team understands both the technical requirements and legal standards necessary for admissible expert testimony in complex building system failures. Contact Rimkus today to learn more.
This article aims to offer insights into the prevailing industry practices. Nonetheless, it should not be construed as legal or professional advice in any form.