Questione giuridica chiave
Whether the owners proved timely notice of defects for the exterior woodwork and whether the contractor proved earlier discoverability.
Decisione estratta
The owners gave notice on 1 September 2003 when the defect was visibly apparent; the contractor failed to prove earlier discoverability.
Motivazione estratta
For an evolving defect, discovery occurs when the non-expert owner can identify and describe it with sufficient precision. The burden of proving earlier awareness lay on the contractor.