⚖️ SCENARIO: FOUNDATION FAILURE CLAIM
Facts
- Client purchases 3-bedroom standard plan.
- Plan includes architectural + structural drawings.
- No soil test done.
- Contractor builds foundation per drawings.
- After 10 months, settlement cracks appear.
- Engineer later determines soil bearing capacity was 75 kN/m² instead of assumed 150 kN/m².
- Rectification cost: UGX 28M.
- Plan purchase price: UGX 3M.
Client alleges negligent structural design.
🧑⚖️ CLIENT’S ARGUMENT
- Structural drawings were supplied
- They relied on professional documents
- Foundation failed
- Design was defective
- Liability cap is unfair
- Professional duty exceeds plan fee
- Soil testing requirement not explicitly stated
🛡️ dARC GROUP DEFENCE
Clause 5 – Assumed Site Conditions
Plans are based on assumed typical soil conditions.
Verification of site conditions is the Client’s responsibility.
Clause 12 – Client Responsibilities
Client must procure investigations where necessary.
Clause 6 – Construction Risk
Construction without verification is at Client’s sole risk.
Clause 13 – Liability
Liability limited to the greater of plan fee OR direct rectification cost.
Consequential losses excluded.
🧠 COURT ANALYSIS
- If soil assumptions are stated → no negligence
- If unstated → risk increases but still defensible
- Liability cap likely enforceable under Ugandan law
🧾 INSURER VIEW
- Assumptions documented?
- Soil excluded?
- Reasonable professional skill used?
🎯 LIKELY OUTCOME
- With assumptions documented → claim dismissed or minimal settlement
- Without documentation → moderate settlement risk
⚖️ OTHER SCENARIOS
Authority rejection: Approval not guaranteed — client claim fails.
Construction discrepancies: Contractor interpretation excluded.
📊 OVERALL LEGAL POSITION
Commercially acceptable risk profile for productized architecture.
🧠 STRATEGIC NOTICE
- Soil assumptions must appear on drawings
- Acceptance required before purchase
- Version control applied
- Client acceptance archived
By proceeding, you confirm that you have read, understood,
and accepted these Terms & Conditions.