CEN 800 Lecture Notes - Lecture 23: Constructive Notice, Strict Constructionism, Fasttrack
Document Summary
In acting judicially , the engineer must act independently of the owner (principal), and in good faith. Certificates fraudulently prepared: grant, smith & co. vs. The king case was about certificates prepped by an engineer in collaboration with a drilling contractor in an attempt to charge more than necessary and overstate rock quantities: certificates were set aside in courts. Inspection services: when administering a contract, an engineer normally acts as an inspector as well. In this case, the obligations of the engineer are more clear. 1979 manitoba case trident construction ltd. vs. w. l. Important to include a form of the construction contract that the owner is prepared to sign that makes up the documents delivered to the contractor prior to bid submission. Also provides a reasonable percentage to cover the contractor"s overhead and profit. They strictly interpret clauses in a contract that require timely notice on such events.