Questão jurídica principal
Whether the absence of bituminous waterproofing on below-ground walls constituted a construction defect requiring repair under the contract of work.
Decisão extraída
Yes. The owner could expect bituminous coating under the rules of the art; its omission made the villa defective and repair had to be ordered.
Fundamentação extraída
The expert stated that waterproofing by bituminous coating is a recognized rule of the art, and that neither the absence of a SIA norm nor the fact that the walls were temporarily dry disproved the defect.