The appellants, land developers, retained the respondent engineering firm to prepare a geotechnical report on soil conditions for a townhouse development.
The report estimated pile foundations would need to be driven to an average depth of 20 feet, but ultimately they had to be driven to 60 feet, resulting in additional construction costs.
The appellants sued for breach of contract and negligent misrepresentation.
The trial judge dismissed the action.
On appeal, the Court of Appeal upheld the trial judge's findings that the failure to drill a sixth borehole was due to inaccessibility and that there was no evidence the respondent inaccurately interpreted the borehole data.
The appeal was dismissed.
