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]

Other Questions

What is the test for a claim against a servient owner of a property where the use of the property is not permitted? (Nova Scotia, Canada)
Is a plaintiff’s litigation plan and certification order relevant to common issues? (Nova Scotia, Canada)
Does public interest immunity bar the production of the government-wide implications and communications plan in the Record? (Nova Scotia, Canada)
In what circumstances will a landowner who has claimed colourable title to land be able to oust the title of the true owner of the land? (Nova Scotia, Canada)
Does a municipal council owe procedural fairness when dealing with planning matters at public hearings? (Nova Scotia, Canada)
Can a Minister of Transportation be held liable for damages caused by the construction of a highway on neighbouring land? (Nova Scotia, Canada)
Can a servient tenement owner stop the use of their driveway? (Nova Scotia, Canada)
What is the test for “entirely consistent” with “consent or tacit permission” by the owners of a servient property? (Nova Scotia, Canada)
What is the test for determining who is the owner of a vehicle? (Nova Scotia, Canada)
What is the test for obtaining a prescriptive easement to prevent the owner of a servient property from using the servient's land? (Nova Scotia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.