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They Hired Us to Settle an Argument, Not to Answer a Question

This entry is part 7 of 21 in the series The Operations Room
TL;DR: Before you commission a technical assessment, find out what decision it is going to be used in. Honest engineers doing honest work can still produce a report that exists to strengthen somebody’s position in a negotiation, and the outcome will be decided by the negotiation rather than by the report. I spent months on one of these. The delay ended up costing more than the amount being argued over.

Ask who is going to use the report and what they want it to say, before you agree to write it.

Why do companies commission technical assessments?

Three reasons, and only one of them is the reason people give.

The stated reason is to learn something nobody knows. Sometimes that is true, and those are good projects to work on.

The second reason is to create a record. Somebody needs a document showing that a competent outside party looked at the situation, usually because a decision has already been made and needs support.

The third reason is to win an argument with a counterparty. Two sides disagree about money, and an assessment becomes evidence one of them intends to use.

All three produce real work for the people doing the assessment. Only the first one is a question.

What happens when a building burns and the computers are in the basement?

On the night of October 15, 1984, a four-alarm fire broke out at 475 L’Enfant Plaza in Washington DC, the building that housed both the US Postal Service headquarters and PBS. It started on the ninth floor shortly after eleven and burned through the upper floors. Around 190 firefighters and 48 pieces of equipment brought it under control in about an hour.

Water goes down. It went through the building and into the computer room in the basement, and the machines were flooded.

PBS put the preliminary damage to its property at more than twelve million dollars. A spokeswoman listed broadcasting transmission equipment, tape and editing machines, and computers. Insurance investigators toured the building the next day.

An insurance company hired one of the Big Five firms, and that firm hired us. The question they put to us was whether the computers still worked and, more to the point, whether they were still accurate.

Nobody had done this before as far as anyone knew. There was no procedure and no prior art. We designed programs from scratch that ran the equipment and compared the output against known good results.

Most of it was written in the general-purpose language of the era. I wrote my portion in assembler because I was fast in it and the work needed to be quick.

How do you know if a computer still gives the right answer?

You give it work whose answer you already know, and you check.

The hard part is the reference. Something has to establish what the right answer looks like, and the machines that would normally tell you are the ones in question.

The deeper problem is that damaged equipment does not fail cleanly. A machine that will not turn on is easy. A machine that turns on, runs, produces output, and is wrong once every few thousand operations is the situation that ruins a company.

Every restore from backup after a ransomware incident faces the same question and almost nobody asks it. The system came back. Nobody checked whether the data came back correct.

Working and correct are separate conditions. Confirming the first is easy and most organizations stop there.

What were they really arguing about?

Money, and the gap was smaller than anyone would guess.

The insurance company wanted to pay a certain amount. PBS wanted new computers. Our project existed to establish whether refurbishing the flooded equipment would cost more than replacing it, and to establish it straight.

The difference between the two positions was around twenty percent. Not a chasm. A disagreement.

Nobody was deceived about any of this. The client told us plainly what the project was for. We knew from the beginning and we did honest work anyway.

The engineering was real. The findings were real. The project was still an instrument in a negotiation between two parties who each wanted a particular answer.

Why do assessments take longer than the decision is worth?

Because when two sides are using the assessment to argue, neither one is in a hurry for it to end.

The work continued for a long time. We never really finished it. I left the project and never learned the verdict.

From my seat it was a good assignment. There was real money to spend, I stayed in the best hotels in Washington, and I visited the Smithsonian. It remains the only time I have been to Washington DC and I enjoyed it.

Meanwhile the flooded computers sat there and the argument kept running.

An assessment commissioned to answer a question ends when the question is answered. An assessment commissioned to support a position ends when somebody decides to stop, and that decision has nothing to do with the findings.

What did the delay end up costing?

More than the amount in dispute.

The insurance company eventually said buy the new computers. They paid considerably more than the original settlement would have cost them, after months of assessment work on top.

Both sides were behaving rationally the entire time. The insurer wanted to avoid overpaying. PBS wanted equipment they could trust. Neither position was unreasonable and the combined outcome was worse for everyone than an early agreement would have been.

That pattern turns up in vendor disputes, contract renegotiations, and build-versus-buy analyses at every size of company. Two reasonable positions, an expensive process to decide between them, and a total cost exceeding the gap.

What should you ask before commissioning an assessment?

Four questions, and the answers change how you run the project.

What decision does this report feed into. Who else is going to read it, and do they have a position already. What happens if the finding goes the other way. And what is the difference between the two positions, in money.

The last question is the one people skip. If an assessment costs a meaningful fraction of the amount being argued over, the assessment is not a way to save money. Splitting the difference on day one is frequently the cheaper answer and nobody proposes it, because proposing it feels like conceding.

None of this argues against assessments. Plenty of them earn their cost several times over. It argues for knowing which of the three kinds you are buying before you sign.

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Frequently Asked Questions

How do you verify data integrity after a restore?
Compare a sample of restored records against a known reference, check totals and counts against figures captured before the incident, and run a real transaction end to end. Confirming the system boots establishes nothing about whether the data came back correct.
Should you take a consulting job when you know the client wants a specific answer?
You can, as long as your findings are your own and the engagement does not require you to reach a conclusion. Knowing the client’s preference is useful information. Being contracted to produce it is a different arrangement and should be declined.
What makes a technical assessment worth its cost?
A finding that changes what somebody does. If both parties will act the same way regardless of the result, the assessment is documentation rather than analysis, and it should be priced and scoped accordingly.
Who pays for an assessment in an insurance dispute?
Usually the party that commissioned it, though costs are often folded into the eventual settlement. The arrangement matters, because whoever pays generally controls the scope, and scope determines what the assessment can conclude.
How long should a technical assessment take?
Set an end date before it starts, along with the criteria for a conclusion. Open-ended assessments continue as long as somebody benefits from the uncertainty, and the cost of continuing is easy to lose track of.
Can equipment be damaged and still appear to work?
Yes, and intermittent damage is more dangerous than total failure. Equipment that fails outright announces itself. Equipment that produces a wrong result occasionally can corrupt records for a long time before anyone notices.

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📝 Disclaimer

The views and opinions expressed in this blog post are solely those of Richard Lowe and are based on personal experience and research. This content is for informational purposes only and should not be construed as professional legal, financial, accounting, or business advice. Always consult with qualified professionals before making important business or legal decisions. Richard Lowe is not a lawyer, accountant, or licensed professional advisor, and this content does not establish any professional relationship.

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