Analyzing Legal Contract Issues in a Construction-Based Scenario - Advice for Ontario Provincial Inc

Court’s General Approach (or Response)

Purpose The purpose of this assignment is to analyze legal contract issues within a construction-based scenario situated in a real-life context. Your role in this scenario is to provide advice to your client, Ontario Provincial Inc. Note: this is an individual assignment. Instructions Step 1 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 indicate some of the underlying soils are “silty, uncompacted clay” and recommend certain remedial measures including the taking of additional soil sample. 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 revision 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 conclude 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. Step 2 Based on your understanding of the situation, how would you advise your client Ontario Provincial Inc. on the potential liabilities 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 end up in a Canadian court. You will need to present your response by articulating the following clearly 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 Note the following parameters: