Builder Liability for Foreseeable Retaining Wall Collapse Despite Approved Plans

A lower court found that a builder, hired to construct a house, was liable for damages resulting from the collapse of a retaining wall due to ground instability that was apparent at the time of construction, even though the builder claimed the plans and methods were approved by the supervising architect and that the ground conditions were not explicitly detailed in the contract specifications. The high court upheld the finding of liability, reasoning that the builder, as a professional, had an obligation to anticipate and guard against foreseeable risks inherent in the site conditions, which included the unstable ground, irrespective of specific contractual omissions or external approvals, thus affirming the professional's duty of care.