LIABILITY DUE TO DEFECT IN WORK CONTRACTS

RESPONSIBILITY DUE TO DAMAGE
A. DETERMINATION OF DEFECT
ARTICLE 474- After the delivery of the work, the employer is obliged to review the work as soon as he finds the opportunity according to the ordinary course of work and, if there are any defects, notify the contractor within a suitable time.

Each of the parties, by covering the expenses, may request that the work be reviewed by the expert and the result determined by a report.

B. CLIENT’S ELECTIONAL RIGHTS
ARTICLE 475- In cases where the contractor is responsible for the defect in the work, the employer can use one of the following optional rights:

1. Revocation of the contract if the work is defective to the extent that the employer cannot use it or cannot be compelled to accept it as a matter of fairness, or if it is equally contrary to the provisions of the contract.
2. Retaining the work and asking for a discount at the rate of defects.
3. Requesting free repair of the work, at the contractor’s expense, unless it requires an excessive cost.

The employer’s right to claim compensation in accordance with the general provisions is reserved.

If the work was made on the owner’s immovable and its removal and removal would cause excessive damage, the employer cannot use his right to withdraw from the contract.

C. CLIENT’S LIABILITY
ARTICLE 476- If the work is defective, despite the contractor’s explicit warning, if it arises from the instructions given by the employer or if it can be attributed to the employer for any reason, the employer cannot use his rights arising from the defectiveness of the work.

D. ACCEPTANCE OF THE WORK
ARTICLE 477- After the explicit or implicit acceptance of the work, the contractor is relieved of all liability; however, he remains liable for defects that are deliberately concealed by him and cannot be noticed during duly review.

If the employer neglects to review and notify, the work is deemed to have been accepted.

If the defect in the work is discovered later, the employer has to notify the contractor without delay; If not, it will be deemed to have accepted the work.