Must include a legal authority citation
A contract called for the building of a large oil tank on silty soil near a wharf---all in accordance with the design.
Under one edge of the area to be occupied by the tank, the contractor unexpectedly encountered a group of old wooden piles that had been covered by earth and were not shown on the plans.
He cut them off just below the future tank bottom, and he covered them with a little dirt. He did not report the situation to the engineer, who knew nothing about the piles.
When the completed tank was tested by filling it with water, the greater resistance of the piles (compared with the bearing value of the neighboring soil) caused uneven settlement; as a result the side of the tank over the piles buckled. Who is responsible for remedying the situation? Explain.