Questione giuridica chiave
Whether the lower court wrongly allocated the burden of proof on causation for the alleged building damage.
Decisione estratta
No improper reversal of the burden of proof occurred; the lower court applied the rule that when causation cannot be proven or excluded, indemnity may still be awarded on equitable grounds.
Motivazione estratta
The TAF did not presume causation proven, but relied on the jurisprudence that eases the owner's proof burden where pre-work condition evidence is missing and causation remains uncertain.