Question
A municipality, as owner, retained the services of an architect to design a new police station. The architect has entered into a contract with an
A municipality, as owner, retained the services of an architect to design a new police station. The architect has entered into a contract with an engineering firm to provide structural design services on the project. During the soil study, the design office employee engineer assigned to the project examined two shallow test wells and recommended that the architect conduct appropriate deep soil tests. However, the architect rejected the engineer's recommendation, informing him that expensive soil testing was not part of the owner's budget for the project. The engineer submitted a "soil report" to the owner based on a cursory examination of the shallow surveys. Neither the architect nor the engineer indicated to the owner that the engineer had recommended that the architect undertake a more in-depth study of the basement. The design of the police station was completed and the building was constructed according to the plans and project specifications. Within 12 months of the completion of the engineering services, the new police station sank significantly on one side, and extensive foundation repairs were required to address the subsidence issues. After investigating the reason for the settlement problems, another consulting engineering firm concluded that the design should never have proceeded without the more detailed and in-depth study of the subsurface by the original project engineer. had recommended the architect. What potential liabilities arise from all of the facts described above? In identifying potential liabilities under tort law, explain the application of the principles of tort law to the facts as described. State the likely outcome of the case.
The main objective of this case study is to analyze, from an engineering law perspective, a situation involving the practice of engineering in Ontario in order to determine the following elements: 1- The salient facts of the situation described 2- Potential legal liabilities related to the situation 3- Relevant legal principles that may apply to the situation 4- How can these legal principles apply to the situation? 5- Probable outcome of the situation discussed
IMPORTANT: Please provide references and links for each law or principle used to justify the arguments.
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