Final answer:
Builder A is liable for the expense of fixing the swimming pools because he used lower-grade cement in violation of the agreed design and specifications, leading to the pools' failure. The correct answer is option (1).
Step-by-step explanation:
The question asks who is liable for the expense of fixing swimming pools that began to leak due to the use of lower-grade cement by builder A. Since both builders, A and B, used the same design and specifications for the pools, the designing company and builder B are not at fault for the leakage issue. Builder A chose to use a lower-grade cement, which was not in accordance with the agreed specifications and presumably against industry standards, resulting in the failure of the pools. Therefore, the liability for the repairs falls on builder A.
To determine liability, it is important to consider factors such as breach of contract, warranties offered, and negligence. In this case, builder A breached the contract by not adhering to the specified materials and caused the pools to fail, which points to negligence on his part. This is an example of a scenario where a contractor fails to meet the obligations set forth in a contract, causing harm to the property owner.
If the case were taken to court, a judge or jury would likely find builder A responsible for the damages caused by the substandard materials used. The home owner contracted services in good faith that the pools would be built to a certain standard, which was not met. The home owner is the victim in this scenario and should not bear the cost of repairs.
Thus, the correct option for who is liable for the expense of fixing the pools is: option 1