Section 11.10 Fraud

• Library: Construction Law 2016 Supp

F. (§11.10) Fraud

Fraud may be a cause of action open to a plaintiff under the right circumstances. See Salem Sand & Gravel Co. v. City of Salem, 492 P.2d 271 (Or. 1971). The defendants in Salem Sand & Gravel were engineers hired to prepare plans and specifications for a sewer project and to manage construction. Id. at 273. The engineers’ report of the subsurface conditions did not match the actual conditions encountered by the contractors. Id. The plaintiffs alleged that the engineers failed to disclose...