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A contractor built a new office tower for the project owner…
A cоntrаctоr built а new оffice tower for the project owner under а design-bid-build project delivery method. Although the contractor followed the plans and specifications exactly, almost every window on the building quickly developed leaks near the window sill and caused water damage and mold issues behind the walls. The project owner is irate and threatening to bring both the contractor and the lead designer to court. Upon investigation, the contractor determined that the leaks were due to the architect's defective design of the window sill flashing. In other words, the contractor built exactly what was shown on the plans, but the design on the plans was not correct. Which legal concept is the contractor's strongest argument for why the designer should be liable to the owner, and not the contractor?