Homeowner v. Contractor: Breach of Contract and Acceptance of Defective Work

A homeowner brought an action against a contractor for breach of contract, alleging that the contractor had performed work on the building that was defective and caused subsequent damage. The contractor defended by arguing that the homeowner had tacitly accepted the work by taking possession and making subsequent use of the building without reservation at the time of delivery. The court rejected the appeal, reasoning that the contractor's obligation was to deliver a structure conforming to the contract and that any defects leading to damage, even if the initial delivery was accepted, constitute a continuing breach of the primary obligation, meaning acceptance of a defective delivery does not extinguish liability for subsequent damages resulting from that defect.