You are looking at it from a broken down piece of machinery which it is not the plant functions but not up to it throughput because of a bad design so therefore any losses will be recoverable form the consultation and advice that the plant was built for xxxtpa but only produces xxtpa due to a design fault therefore they will be able to sue the Co under personal indemnity insurance for providing false or non commercial professional advise/service in this case you would be able to sue for any consequences.
Say your accountant does a dodgy you can not only sue them for the bad professional advise but also any extra taxes and penalties you may have had to pay... this is different to say if someone hit your car and you tried to sue them for loss of wage due to you being unable to attend work because you dont have a car....
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