Question: A year ago, I received a villa from a contractor. The villa has many defects, including water leakage from the ceiling. Due investigation has found that the ceiling insulation is not good.
Accordingly, I contacted the contractor, seeking a rectification of the defect, but he refuses to do anything on the pretext that more than a year has passed since the villa was completed. What are my rights under the law?
Answer: The contractor shall work against prejudice or loss whether or not the defect was caused by his negligence. There is no warrant if this occurs from an accident that could not be avoided.
According to Article 880 of the Civil Transaction Law, if an object of the contracting contract was the erection of buildings or other fixed constructions that the architect has designed, to be executed by the contractor, under his supervision, they shall be jointly liable, for a period of 10 years or a longer agreed period to indemnify the master of work for total or partial destruction of these buildings or fixed constructions and for every defect endangering the solidity and security of the building.
The obligation to indemnify shall remain in effect even if the defect or the destruction is due to a defect in the ground itself, and even if the master authorised the erection of the defective buildings or fixed construction. The 10-year period shall start as of the time of delivery of the work.
