Owner v. Builder: Retaining Wall Collapse Due to Subsequent Modifications

A property owner sued the builder of a retaining wall, alleging defects due to poor soil support and insufficient drainage, which caused the wall to collapse and damage the neighboring property, and sought damages based on the builder's liability under the contract and the ten-year warranty for structural work. The court affirmed the dismissal of the claim against the builder because the expert inspection established that the damage resulted not from the construction itself, but from the buyer's subsequent unauthorized modifications to the surrounding land, specifically adding significant fill material that overloaded the wall, thereby exempting the builder from liability for the resulting collapse.