Question 2 An MCST of a condominium was just established after the Defects Liability Period of the Main Contractor. There were many defects to the common areas of the condominium. These defects were caused by the poor workmanship of the Tiling and Plastering Sub-Contractor. The MCST wishes to recover compensation for the defects and is considering taking action against: (a) The Developer of the condominium (b) The Main Contractor (c) The Tiling and Plastering Sub-Contractor You discovered that the Developer is facing a liquidation action and there is no likelihood of recovery against the Developer. The Main Contractor said to you that it was not their fault as the Tiling and Plastering Sub-Contractor did a bad job. The Tiling and Plastering Sub-Contractor cannot be reached for a meeting.

Advise the MCST as to: (i) who, from above (a), (b) or (c) is more likely for the MCST to succeed in recovery. Give reasons by explaining the cause of action against the party liable. (15 marks)