Owner v. Builder: Liability for Defective Foundation and Subsidence

A property owner sued a builder for damages, alleging the building erected on the owner's land exhibited defects, specifically that the foundations were constructed on soil deemed insufficient for the load-bearing capacity required by the contract specifications, which led to subsidence and cracks. The builder argued that the soil analysis provided by the owner's technical expert, upon which the construction plans were based, was flawed, and that they had followed the specifications as provided, thus disclaiming liability for the resulting damage. The court rejected the builder's appeal, reasoning that the builder had a professional obligation to verify the suitability of the ground for the planned structure, and since the defects were directly attributable to an unstable foundation contrary to the requirements of sound construction, the builder was liable for the resulting damages, notwithstanding reliance on the owner-supplied soil report.