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Head Designer

Essay by   •  August 26, 2011  •  Essay  •  336 Words (2 Pages)  •  1,518 Views

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his easy will focus and emphasis on the fact that owners of the properties will likely succeed in their case filed against my company (the manager and head designer) and local councils due to many reasons. This case study will elaborate more on this decision by focusing on the engineering/technological issues involve, legal issues and finally the negligence involved.

Firstly and foremost, professional engineer need to act properly and according to law by assuring that rule and regulations are followed well when dealing with contracts. By referring to case study, any professional engineer is liable for breach of contract or breach of any express warranty. As for negligence, a design professional assumes a duty perform his/her services in a skillful and careful manner. The standard is that set by the learning, skills and care ordinarily posed and practiced by others of the same profession in the same locality at the same time. The design professional, therefore is under a duty to exercise such a reasonable care, technical skill, ability and diligence as is ordinary request of design professionals in the cause of their plans, inspections and supervision to any person who foreseeable and with reasonable certainty may be injured by their failure.

The head designer breach the contract by not acting in according to his work skills and act professionally. Firstly, the head designer believed that there is a low chance of flood occurrence since the first flood was in 1967 since it first record in 1880. Despite assurance from the local council that the watercourse to be clear of tress to minimize the flood, the head designer did not assured the residents of this matter. Due to low probability of flood, the residents build their properties very close to the watercourse which is not legal from the local council point of view. Therefore, the assurance from head designer that there is low probability of flood due to the incorporation of varieties of materials such as retention basins and the strategic placement of

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