Question
A building contractor has been asked to erect wind-turbines and blades according to plans and specifications given him by the consulting engineers, project manager, and
A building contractor has been asked to erect wind-turbines and blades according to plans and specifications given him by the consulting engineers, project manager, and the developer of the wind farm. The developer is building up to 30 wind turbines on the site. The work site is being supervised by the project manager, with the consulting engineers flying in occassionally to supervise and inspect during key milestones of the installation. On a windy day, a blade collapsed and fell to the ground under heavy winds shortly after the work was completed and accepted, thereby killing a worker while working on the site. It was found that some of the blade's connecting fixtures were not meeting the prescribed standards, but were considered adequate as it was used in many other overseas's wind farms.
At the trial, experts testified that the wind load on the day of the incident was unsafe to undertake the installation work. There were no guidance provided to the contractor by the project manager nor the engineers that it could be unsafe in such conditions. The consulting engineers who reviewed and approved the design/specification were qualified and registered as structural engineers. The blades/turbines were sourced from a large and trusted overseas company who have supplied many wind farms. The project manager and engineer did not check for compliance with local codes and standards in regards to the instal, and assume that the contract had specified so, and that it was the responsibility of the contractor to ensure worker's safety in all aspect of the installation process.
Is there a reasonable legal argument for the architect and engineer to be partly liable for damages, and to face potential criminal negligence charge, which resulted from the fatal collapse of the temporary wall onto the worker? Support your case with legal reasoning and case law.
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