Questione giuridica chiave
Whether the contractor fraudulently concealed the roof insulation defects under Art. 180 SIA 118.
Decisione estratta
No fraudulent concealment was proven; mere negligent or improper execution did not suffice.
Motivazione estratta
The court held that fraudulent concealment requires knowledge of the defect and intentional silence in breach of a duty to inform. The owners failed to show that the contractor knew of the defects, their cause, or the later risk of cracks, or that he deliberately avoided learning more.