Builder v. Owner: Waiver of Strict Contract Compliance in Construction Payment

A builder, contracted to construct a building, sued the property owner for payment of the final installment, but the owner refused, arguing that the work was not completed according to the contract specifications concerning the thickness of a certain wall. The builder contended that the work had been accepted orally and that the minor deviation was negligible. The court affirmed the lower court's decision in favor of the builder, reasoning that the owner's acceptance of the building, even if informal, constituted a waiver of the right to demand strict conformity to the technical specifications, especially when the deviation did not affect the structure's stability or essential purpose, thereby obligating the owner to pay the final installment.