Slicing The Pie: Liability Apportionment Between Prime Consultant And Subconsultant

In complex construction projects, an owner will often engage a prime consultant to design and construct the entire project. The prime consultant, in turn, then often engages sub-consultants who contract with the prime consultant to provide design and construction services associated with specific components of the project. If defects are found in the specific components of the project within the work scope of a sub-consultant, how is the liability divided between the prime consultant and the sub-consultant?

Where Prime Consultant Is Negligent

In Surrey (District) v Carroll-Hatch & Associates Ltd¹, the Owner hired an architect (the "Prime Consultant") to design a new police station. The Prime Consultant engaged an engineering firm (the "Sub-consultant") to perform services in relation to the structural design of the building. Although the soil in the construction area was known to be unstable, the Prime Consultant refused to authorize a proper soil test and