Homeowner v. Construction Company: Breach of Contract for Defective Roof Repair
Synthèse Legislator
Généré par l'IAA homeowner sued a construction company after water infiltration damaged their property following the completion of roof repair work, alleging that the contractor's failure to properly fit the tiles constituted a breach of their contractual obligation to ensure watertight execution. The Court of Cassation upheld the lower court's decision, affirming that the contractor is strictly liable for defects in the execution of the work, even if the defect does not render the structure entirely unusable, because the resulting water damage constituted a clear breach of the implied guarantee of perfect completion, necessitating indemnification for the resulting damages.
Regeste Legislator
Généré par l'IAHomeowner v. Construction Company: Breach of Contract for Defective Roof Repair: The Court of Cassation upheld the lower court's decision, affirming that the contractor is strictly liable for defects in the execution of the work, even if the defect does not render the structure entirely unusable, because the resulting water damage constituted a clear breach of the implied guarantee of perfect completion, necessitating indemnification for the resulting damages.