Is there a potential liability arising in tort

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Reference no: EM133450610

Read the following scenario:

Ontario Provincial Inc. entered into a contract with BBD Architect to design and build an ultra-modern new head office. Prior to laying the footing for the foundation, the architect subcontracts with a structural analysis and engineering firm owned by two certified engineering technologists and employing a number of professional engineers. The structural analysis firm is retained to do some soil analysis.

The structural analysis firm delivers a preliminary report to the architect that indicates some of the underlying soils are "silty, uncompacted clay" and recommend certain remedial measures including the taking of additional soil sample. The architect is extremely displeased with the report and indicates there is no additional budget for the additional soil investigations.

After much pressure is put on the structural analysis firm by the architect, it is persuaded to make revisions to the final report and retract many of the initial final findings. The report is delivered to Ontario Provincial Inc. and the building is completed.

One year after completion, Ontario Provincial Inc noticed a significant cracking problem in the foundation of the building. An expert is retained that concludes the settling is abnormal due to improper soil conditions. The cost of remedying the problems are estimated to be well in excess of $1 million.

Based on your understanding of the situation, how would you advise your client Ontario Provincial Inc. on the potential liabilities that may arise in tort law? Clearly articulate the essential principles that must be proven in this case. And give a guided opinion on the likely result if this case ends up in a Canadian court. You will need to present your response by clearly articulating the following under these headings:

Introduction
- Provide a concise overview of the situation, stating who you believe is ultimately accountable.
Court's General Approach (or Response)
- This should give a clear relevant definitive interpretation to the concept of torts law as it applies to the case if at all.
Liability
- Is there a potential liability arising in tort?
- Substantiate if there is in this instance, making a clear and concise argument.
Essential principles
- Present your case for and against your main points.
Conclusion
- Make an independent conclusion on who could be held responsible based on your argument. This should be presented as an opinion to your client.

Reference no: EM133450610

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