at the time, “The Alberta Court of Appeal held that the law was not certain enough to conclude on summary judgment that a developer with no hands-on involvement in the construction of a building could not be held liable for dangerous deficiencies. Rather, the issue had to go to trial.
All work was completed by Seagate as required under its contract, even though Seagate had expressed concerns to M. Lawrence about the size of the boiler room. As Burden and Stirling write, “Seagate had no authority to adjust or alter the design without the approval of HRM or its delegated consultants, DSRA and M. Lawrence.”
The court determined Seagate had done its job, performed sound workmanship, but was not required to vet the design, write Burden and Stirling. The design itself was outside of its scope as defined by the contract, and therefore not a breach of that contract., partner with Gowling WLG, told the Daily Commercial News project parties spend considerable time negotiating on large scale infrastructure projects.
“The clock starts to run when the plaintiff has actual or constructive knowledge of material facts upon which it may make a plausible inference of the defendant’s liability.”
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