Building Owner v. Contractor: Liability for Defective Foundation Work

Building Owner v. Contractor: Liability for Defective Foundation Work: A building owner who had contracted for construction work sued the contractor for damages, claiming the work was defective due to the contractor's failure to properly consolidate the foundations, leading to structural cracks; the contractor, appealing a lower court ruling finding them liable, argued the foundation instability was caused by unforeseen subterranean water, constituting a force majeure event or an unforeseen impediment exempting them from liability, but the Court of Cassation upheld the prior decision, reasoning that the contractor's obligation was one of result to execute the work according to professional standards, and since the defect arose from the execution itself and not from external, unforeseeable circumstances, the contractor remained fully responsible for the resulting damage.