A contractor whose contractual obligation is to construct in accordance with a design and specification prepared by an engineer is not vulnerable to the engineer's want of care in design, because if the pavement fails due to a design defect the contractor has no liability for rectification and is entitled to be paid. A geotechnical consultant engaged on a limited Level 2 Certification basis does not owe a duty of care to volunteer advice beyond the scope of its retainer, and it would be inimical to commercial relations to impose such a duty. Supervision under a construction contract is ordinarily for the benefit of the proprietor, not the contractor, and a contractor cannot assert a gratuitous duty owed by a supervisor to prevent the contractor from failing to perform its own contract.
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