Legal issues in construction
QUESTION 1
You are an owner and hired an Architect and Engineer to design your building, according to your configurations and you then give the plans and specifications to the Contractor you hired to build it.
All the contracts were on a fixed price basis.
The Contractor realized that the onsite conditions may be more challenging than outlined on the plans, and will require additional costs.
You as an Owner are refusing to pay.
Who is responsible?
Briefly describe:
-The Architects and Engineers responsibilities
-The General Contractors responsibilities
-The Owners responsibilities
QUESTION 2
Under the Civil Code of Quebec, Articles 6, 7 and 1375, the entering into and performance of contracts must be carried on in good faith.
Has this issue been expansively considered and interpreted by various cases?
QUESTION 3
Article 2119 C.c.Q. allows the contractor to evade responsibility by proving that defects result from decisions imposed by the client in, among other things, the choice of construction methods, is accessible.
2119. The architect or the engineer may be relieved from liability only by proving that the defects in the work or in the part of it carried out by him do not result from any error or defect in the expert opinions or plans he may have supplied or from any failure in the direction or supervision of the work.
The contractor may be relieved from liability only by proving that the defects result from an error or defect in the expert opinions or plans of the architect or engineer selected by the client. The subcontractor may be relieved from liability only by proving that the defects result from decisions of the contractor or from the expert opinions or plans of the architect or engineer.
Each may, in addition, be relieved from liability by proving that the defects result from decisions imposed by the client in selecting the land or materials, or the subcontractors, experts, or construction methods.
Thus, even in the face of a difficult client who has no competence in construction and who tries to interfere in the work site and impose methods of work that are contrary to the rules of art, does this still apply?
QUESTION 4
The City of Montreal awarded a contractor the contract to build them a warehouse. You are the Engineer in this project.
How would your obligations, responsibilities and contractual relationship differ with the contractor if you are?
a) Mandated by the City, responsible for design, project management & supervision; or
b) If you are hired for this project as an Independent Consultant, via contract, responsible for design, project management & supervision.
