Builder Breach of Contract: Rescission for Structural Defects

A homeowner contracted with a builder for construction work, but after the work was completed, the owner sued the builder for defects, leading to an expert assessment that confirmed significant structural faults requiring demolition and reconstruction, constituting a breach of the builder's obligations under the contract. The court upheld the lower court's decision, reasoning that the extent of the defects rendered the structure fundamentally unfit for its intended purpose, justifying the complete rescission of the contract and the requirement for the builder to reimburse all costs, including the price paid and the expense of demolition and reconstruction, as the builder failed to deliver the promised stable and usable work.