Question 2 (50 marks) During the erection of a building, a column collapsed on a

Question

Question 2 (50 marks) During the erection of a building, a column collapsed on a defective foundation, killing several people. There was no evidence that the plans and specifications were defective, or that the owner was negligent in hiring the contractor. The plaintiff claimed that the owner was nevertheless liable, since the architect had not inspected the work to see that the foundation of the column was laid upon solid ground. Who was liable for damages which resulted from the collapse of the column? Support your case with legal reasoning (50 marks)

Explanation / Answer

Construction defect :

2 types of basic defects on construction exists. They are

* defects that occur during design of a home or building. Where designer / architect is responsible for faults caused during this stage.

* defects that occur during building phase. The contractor or subcontractor relating to the extent of work and responsibility shared by them become responsible for defects during this phase.

Liability of construction defect :

In general , liability of faulty construction / injury caused after construction to the residents applies to the architect / engineer / contractor / sub contractor but not the owner if

* owner visits construction site in regular intervals consistently and makes decisions considering safety issues.

* rely on the drawings , works , plans etc being drawn , processed and constructed by respective party engaged may it be contractor / engineer.

Determining who is liable for what kinds of defects :

Now , it is important aspect to draw conclusion on who is responsible among these 4 parties.

Sub Contractor :

* any loss / damage / injury caused due to specific faulty work in whole construction which specific work was associated to sub contractor. Then he is whole and sole liable for such loss / damage.

Eg :

* person falls out of a window where the damage is caused due to frame is not properly secured.

* any roof collapses because of non standard wood used by sub contractor.

Contractor :

However a general contractor on whole will be liable if there exists any clause / provision in contact or by any other mutual understanding between them such that initially contractor had to bear the loss and later it would be reimbursed by respective sub contractor.

* or if contractor did not engage any sub contractor and he himself has conducted faulty work.

Engineer :

* if The engineer has performed all his duties and still any collapsing occurs despite the fact that there were no building errors.

* if any collspsing occurs even after strictly following the directions of engineer.

Then engineer is responsible for such collapse.

Architect :

The duty of architect is to design a house / premises as per the localities conditions and general legality rules of that specific place. And also to clearly specify clearly in planning documents regarding the natives , their construction designing reasons and any future acts which may cause damage to premises / residents have to be warned in it.

Now if architect fail to perform his duties during planning / during documentation / design in such a way that injury reason is the plan.

Then in such cases architect is completely responsible as well as liable for damages.

How is payment done / indeminified and to what extent :

The extent of liability in case of sure is primarily / initially fixed during the date of contact. Thus the liability extends to the extent indemnified unless such indemnification is contrary to respective prevailing laws.

Relating above points to given case :

In the given case ,

* column collapses due to faulty / defective foundation.

* The architect plans are nowhere found defective.

* the owner is also not found defective anywhere in hiring contractor.

* architect have not inspected the qualitu of foundation if has solid fixation to ground.

Since the absence of few details it is assumed that ,

* the contact with architect extends his duty only to the extent of planning and documenting the same.

* The contractor is the one who is responsible for construction of complete construction i.e from The stage of foundation to painting work.

* The owner always relied on work of contractor and inspected their work with no negligence.

Thus ,

* Construction of foundation responsibility lies in contractor hands and as per earlier discussed provisions if the collapse / damage is due to faulty construction of contractor then he will be held liable for paying damages.

Conclusion as per whole analysis :

* Since it is assumed architect is not responsible for foundation construction , contractor is held liable for damages.

* but if due to specific state law / agreement made with architect , he is responsible for any sort if construction defect in constructing foundation / loathing columns , then he shall be held liable.

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