Reference no: EM133682829
Question
In 2018, Jackson Park Hospital Corporation, ("Jackson") contracted with Jonathan Hamill Architects and Building Design, LLC, ("Hamill") an architectural firm, to design and supervise the construction of a second story addition to the Hospital's then existing structure. The construction was completed, and the addition occupied by December 1, 2019.
Difficulties arose almost immediately. Defective windowsill flashing allowed rain to seep into the building, a design flaw in the ventilation system resulted in problems in the basement, and the portion of the new addition overhanging a drive-up entrance was designed with inadequate vehicle clearance. Other defects were also discovered.
The hospital also alleges that the most serious problems resulted from Hamill's failure to adequately provide for expansion and contraction of the building and failure to supervise the securing of the masonry to the structure itself. (Buildings actually move. If architects, engineers, and contractors do not take building movement through expansion and contraction into consideration throughout the entire building process, it can cause serious consequences down the road.)
In 2019, a portion of the brickwork began to separate from structural members and Jonathan Hamill was called to examine the problem. He suggested that the problem resulted from normal expansion, was of no importance and that calking, and plastering would solve the problem. These directions were followed, but in subsequent months the separation reappeared. The problems re-occurred, and the Hospital ultimately contracted with another firm for the dismantling and rebuilding of the brickwork in March of 2020.
You are the judge. Assuming all the facts alleged by Jackson Park Hospital Corporation, how would you rule in this case and why? Make sure to address all four elements of negligence (duty, breach of duty, causation, and damages) in your answer. Do not forget to also look at the issue of professional negligence to see if it applies.