The appellant appealed the quality of construction of a municipal drain under s. 64 of the Drainage Act.
The engineer's firm moved to strike the appeal as out of time, but the Tribunal found the limitation period did not begin until the latent defect was discovered.
On the merits, the Tribunal found the covered drain was not installed on grade due to the contractor's failure to follow specifications and the engineer's failure to properly supervise the construction.
The Tribunal ordered the drain reconstructed, with the contractor and the engineering firm each bearing 50% of the costs.