Until now, the general approach has been that a company cannot claim privilege against its own...
Modern building contracts often make use of various professionals in different capacities to fulfill the necessary roles under the contract. The scope of each professional’s duty will often vary from case to case. The main categories of construction professionals who can face professional negligence claims from their clients are architects and engineers. Some examples of professional negligence claims against architects and engineers include:
- An architect specifying inadequate waterproofing measures causing a building to leak;
- An architect wrongly providing a certificate confirming that a building has been satisfactorily constructed when the building was in fact defective;
- A structural engineer designing an inadequate or defective drainage system exposing a building to flooding;
- A structural engineer failing to protect a building adequately from the risk of subsidence, heave or differential movement;
- A mechanical engineer inadequately specifying a drainage macerator;
- An architect incorrectly calculating the load bearing capabilities in a property; and
- An architect or engineer failing to properly supervise works when they have been retained to do so.