Builder Liability for Subsidence Under Ten-Year Construction Defect Statute

A builder contracted to construct a building and, during the work, the foundation partially subsided due to a pre-existing, undisclosed subterranean cavity, leading to partial collapse; the owner sued for damages, arguing the builder was responsible for any unforeseen risks. The court of appeal held the builder liable under the ten-year liability statute for defects in construction, finding the subsidence constituted a structural defect because the builder failed to take necessary precautions against the known or discoverable unstable ground, thus the builder was responsible for defects threatening the building's stability, leading to the partial cassation of the lower court's decision regarding the scope of that liability.