A company owned a parcel of land upon which it wished to have a commercial building constructed. An.

A company owned a parcel of land upon which it wished to
have a commercial building constructed. An architect was engaged to design the
building, and a contractor was contacted to carry out the construction.
Contracts were signed with both. Before the construction was completed, it was discovered
that the building violated a municipal by-law that required certain safety
features to be included in the building. Neither the architect nor the
contractor were aware of the by-law at the time they entered into their
respective agreements with the company. The safety features required by the
by-
»

A company owned a parcel of land upon which it wished to
have a commercial building constructed. An architect was engaged to design the
building, and a contractor was contacted to carry out the construction.
Contracts were signed with both. Before the construction was completed, it was discovered
that the building violated a municipal by-law that required certain safety
features to be included in the building. Neither the architect nor the
contractor were aware of the by-law at the time they entered into their
respective agreements with the company. The safety features required by the
by-law could be incorporated in the building at a cost of approximately
$10,000, but the contractor refused to do so unless he was paid for the work as
an “extra” to the contract price. The company refused to do so, and it withheld
all payment to the contractor on the basis that the construction contract was
illegal. The contractor then instituted legal proceedings against the company.
Explain the nature of the contractor’s claim, and explain the defence raised by
the company. Discuss the issue of responsibility in the case. Render a
decision.

»

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