Contractor Payment Dispute Over Minor Construction Defects
Synthèse Legislator
Généré par l'IAA construction contractor sued a client for payment for work performed, but the client claimed the work was defective and refused payment, demanding demolition and complete reconstruction at the contractor's expense. The Court of Cassation rejected the appeal against the lower court's decision, which had ordered payment while acknowledging minor defects that required remediation, reasoning that the contract was substantially executed and the client could not refuse payment entirely due to minor defects that the contractor was obligated to rectify, but did not warrant the severe remedy of complete demolition and reconstruction.
Regeste Legislator
Généré par l'IAContractor Payment Dispute Over Minor Construction Defects: The Court of Cassation rejected the appeal against the lower court's decision, which had ordered payment while acknowledging minor defects that required remediation, reasoning that the contract was substantially executed and the client could not refuse payment entirely due to minor defects that the contractor was obligated to rectify, but did not warrant the severe remedy of complete demolition and reconstruction.