Professional Liability for Dangerous Defects
Construction deficiencies are common in all types of construction, including residential or commercial buildings, condominiums, roads, highways, and bridges.
In a perfect world, when construction deficiencies arise developers will stand behind their projects and undertake the repairs and remedial work. Unfortunately, in many cases insurance is not available and developers are unable to assist with the repairs due to high costs. Repairing dangerous defects may be very costly and challenging.
Because of this, the Supreme Court of Canada has decided that professionals can be liable for negligence, even in the absence of a contract.
In Canada, architects, engineers, and contractor professionals can all be held liable to anyone who suffers damages as a result of their negligence, even in the absence of a contract. As extra an extra pre-caution, review all professional liability policies to ensure that you are adequately covered should a dangerous defect arises.
Read case example:Edgeworth Construction Ltd. v. N.D. Lea & Associates Ltd. (1993)
Jordan Fellner, CIP, CRM, HUB International PROFESSIONAL
HUB International PROFESSIONAL specialists are based in Vancouver. Our longstanding relationships with the best providers in the business allow us to provide you with solutions that make the most sense for you, whatever the size of your design practice.