Questão jurídica principal
Whether the subsidiary constitutional complaint could challenge the finding on defect causation for position 11 (HST in the gallery)
Decisão extraída
The complaint could not succeed because the new argument on contractual burden of proof under SIA Norm 118 was a prohibited new allegation and, in any event, no constitutional violation was shown.
Fundamentação extraída
The appellant had not sufficiently raised below that Art. 174(3) SIA Norm 118 altered the burden of proof. New facts and evidence are inadmissible unless prompted by the challenged decision, which was not the case. The constitutional complaint also lacked substantiation.