Contract Termination and Remedial Work Dispute in Commercial Construction

The case concerns a dispute arising from a contract for the construction of a commercial building where the contracting party initiated termination proceedings after observing significant defects, including cracking and structural issues, before the final acceptance, leading to an arbitration award that partially validated the termination but ordered the contractor to perform remedial work under judicial supervision. The appellate court upheld the lower court's decision, reasoning that while the contracting party was entitled to terminate the contract due to the severity of the non-conformities making the structure unfit for its intended use, an outright, unilateral termination without prior judicial authorization for a contract involving works of this magnitude was premature and disproportionate, thus affirming the requirement for the contractor to execute necessary repairs under the authority of the court-appointed expert to ensure compliance with contractual obligations and safety standards.