What is a builder’s duty to warn the owner of defects in their construction plans?
Nova Scotia, Canada
The following excerpt is from Omer Deveau Construction v. Foster, 2012 NSSC 313 (CanLII):
A builder’s work must fulfill the purpose for which it was intended, irrespective of the specifications in the plans. The builder, upon whom the owner has placed reliance, has a duty to warn the owner of the danger that defects in the plans, if implemented, could result in the work not fulfilling the purpose for which it was intended. [Nowlan v. Brunswick Construction Ltd. (1974), 1974 CanLII 181 (SCC), 2 N.R. 164 (S.C.C.), at paragraph 13]
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