Assignment law

Ahmad is an engineer working with with a consultant firm in charge of designing

supermarket for a developer. In view of the prevailing ground conditions, the main
contract provided for soil stabilisation techniques.  No one in the firm has any
experience or skill in the soil stabalization techniques.

In the course of preparing their specification the consultant firm had relied on specialist
advice from a soil sub-contractor who had expertise in soil stabization techniques. The
sub-contractor also recommend on the most suitable technique for this development. 

The construction contract was given to a main contractor which susequently engage the
same sub-contractor that adviced Ahmad in the design work to carry out the soil
stabalization work in accordance to original design. Both the main contractor and sub-
contractor provided direct warranties to the developer. 

After completion, the site was affected by differential settlement which caused crack to
the floors. Investigation revealed that the failure was caused by inadequate design.

The developer is claiming for the losses and accused Ahmad’s firm for negligence.

a) Evaluate whether or not Ahmad, as a professional has discharged his duty to

exercise reasonable skill and care by relying on the advice of a specialist.

(5 marks)

b) How can the devoloper prove to court that Ahmad or his consulting firm has
breached its duty.

(10 marks)

c) Give suggestion how Ahmad’s firm can defend their case in court.
(10 marks)