Owner v. Construction Company: Rescission for Latent Structural Defect

A construction company contracted to build a structure, and after the work was substantially completed, the contract stipulated a five-year guarantee against latent defects, during which period a fissure appeared in the structure, prompting the owner to seek rescission of the contract and damages, claiming the fissure constituted a serious defect rendering the work unfit for its purpose. The court held that a fissure appearing within the five-year guarantee period following completion, if deemed a serious latent defect preventing normal use of the structure, justified the owner's request for rescission and damages, as the builder breached their obligation to deliver a work conforming to the agreed standards and free from such fundamental defects.