If the Engineering Consultant’s design is faulty but the contractor also builds the work badly, who is responsible?

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If the Engineering Consultant’s design is faulty but the contractor also builds the work badly, who is responsible?

This type of question comes up often — especially when the Engineering Consultant asks the contractor to fix bad work, and the contractor claims the real problem is the faulty design. The contractor might argue that even if the work was done poorly, it would have failed anyway because the design itself was wrong.

This issue was discussed in the case XYZ Company v LMN Co. It was an appeal against an arbitrator’s decision, and the court decided not to change the arbitrator’s award because the arbitrator’s reasoning was correct. In that case, the design was done by a nominated subcontractor, but the same principle applies as if the design had been made by the Engineering Consultant.

To find out who is liable, we must identify the main or “operative” cause of the defect. The arbitrator found that the main cause was the design fault, and the contractor’s mistakes only made the failure happen faster. So, there is no single rule that applies to all situations — each case must be analyzed carefully based on the facts.

If both the design and the workmanship are faulty, we should ask whether proper workmanship could have prevented the defect. If good workmanship would not have made any difference, the designer will usually be fully responsible. But if the poor workmanship made the defect worse or appear sooner, the liability may be shared between both parties.

In some cases, even a weak design might work fine if built carefully — and in such situations, the defect would be blamed mainly on the bad workmanship.


Who is Liable When Both Design and Workmanship Are Faulty?

This situation often arises in construction projects where an Engineering Consultant (or designer) provides the design, and a contractor executes the work based on that design. After completion, if the structure shows defects or fails, both parties may blame each other — the consultant may say the contractor built it badly, while the contractor may say the design was wrong in the first place.

Let’s look at how the law and logic help decide who is truly responsible.

1. The Common Dispute

When a defect is discovered, the Engineering Consultant often directs the contractor to fix it. The contractor may resist, claiming that the design itself was faulty, and therefore, no amount of good workmanship could have prevented the problem.

For example:

  • If a consultant designs a wall too thin to bear a certain load, even perfect construction cannot stop it from cracking.

  • On the other hand, if the design is correct but the contractor uses poor materials or fails to follow specifications, the fault lies in workmanship.

2. The Legal Case: XYZ Company v LMN Co.

This issue was examined in the case XYZ Company v LMN Co.

In that case:

  • The design responsibility was given to a nominated subcontractor (working under the main contract).

  • The arbitrator found that the main cause of the failure was the design fault, though the contractor’s mistakes made the situation worse by speeding up the failure.

  • When the case was appealed to the court, the court refused to overturn the arbitrator’s decision. It agreed that the arbitrator had logically analyzed the facts and was right in deciding that the design was the primary cause of the problem.

This case shows that determining liability requires careful technical and factual analysis, not just general assumptions.

3. How Liability is Decided

To determine who is liable — the designer, the contractor, or both — one must identify the “operative cause” or the main reason for the defect.

The key questions to ask are:

  1. Was the design faulty?

  2. Was the workmanship poor?

  3. Which of these actually caused the defect?

If both are defective, then we ask a further question:

  • Would good workmanship have prevented the defect, even with the poor design?

4. Possible Outcomes

(a) Faulty Design, But Good Workmanship Would Not Help

If the defect would have happened anyway because the design was fundamentally flawed, then the designer (Engineering Consultant or design subcontractor) will be fully liable.

Example:
A bridge is designed with beams that are too short to carry the required load. Even if the contractor builds perfectly according to the plan, the bridge will still fail. Hence, the fault lies with the designer.

(b) Both Design and Workmanship Are Faulty

If both the design and the workmanship are defective, liability might be shared.

  • If poor workmanship made the defect worse or caused it to appear sooner, then both the contractor and the designer share the blame.

  • The degree of liability may depend on how much each contributed to the defect.

Example:
The design of a water tank is slightly under capacity (a design issue), but the contractor also fails to seal the joints properly (a workmanship issue). The tank leaks earlier than expected. The court may decide that the designer and contractor are both partly responsible.

(c) Poor Workmanship Overcomes or Hides a Design Issue

Sometimes, even a weak or less-than-perfect design can still work fine if the contractor builds carefully and follows proper standards.
If the contractor fails to do so, the defect might not be due to the design at all but rather due to the poor workmanship.

Example:
A designer provides a roof design that requires precise slope and waterproofing. The contractor, however, does not apply the materials correctly, leading to leaks. In this case, the contractor is fully responsible.

5. No Fixed Rule — Each Case Depends on Facts

There is no universal formula to decide such cases. Each project is different, and the cause of a defect must be determined through a logical and technical investigation:

  • Expert evidence may be needed to analyze the design and the construction work.

  • The court or arbitrator must find which fault — design or workmanship — was the operative cause of the defect.

6. Practical Takeaway

  • Engineering Consultants must ensure that their designs are safe, correct, and properly reviewed.

  • Contractors must build according to specifications and professional standards.

  • Both parties should keep good documentation of their work, decisions, and communications to protect themselves if a dispute arises.

  • If both share some fault, the liability will usually be divided based on how much each contributed to the problem.


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