Owner v. Builder: Defective Performance and Evidentiary Review

A property owner contracted with a builder for construction work, and upon completion, the owner refused to pay the final installment, alleging defects which the builder contested, leading to litigation over the contractual obligations and the existence and extent of the claimed defects. The court quashed the lower court's decision because it failed to adequately investigate the factual claims regarding the defects, thereby violating the owner's right to have the entirety of their defense regarding non-performance or defective performance properly considered before ordering payment.