Question
Princess Properties Inc. is the owner of a large office building constructed in the 1930s. Renovations were carried out by Fundamental Construction Ltd. in 1975,
Princess Properties Inc. is the owner of a large office building constructed in the 1930s.
Renovations were carried out by Fundamental Construction Ltd. in 1975, during which
fireproofing material, containing asbestos, was installed. Princess did not know that the
material contained asbestos and had relied on Fundamental to select appropriate insulating
material.
In the course of further renovations in 1987, the existence of the asbestos material was
discovered. Princess had it removed because it was considered a health hazard.
Princess brought an action for the cost of removing the material and for lost rent
against
(a) Fundamental Construction Ltd;
(b) the architects, who had specified the use of the material in 1975; and
(c) the manufacturers of the material.
On what basis might Princess have a valid claim against each of these defendants, and
What are the principal issues that would have to be determined at trial?
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