Owner's Right to Contest Non-Conforming Construction Despite Partial Payment and Silence

A property owner, having contracted for specific construction work, contested the resulting invoice, arguing that the work was not completed according to the contract specifications, specifically concerning the quality of materials used and the extent of the work performed. The lower court upheld the invoice, finding that the owner had tacitly accepted the work by making partial payments and failing to promptly notify the contractor of specific defects, thereby waiving the right to contest the execution. The Court of Cassation quashed this decision, reasoning that the tacit acceptance arising from the payment of an initial installment or the silence of the recipient of the work does not relieve the contractor of their fundamental obligation to execute the contract faithfully, meaning the owner retained the right to demand conformity with the agreed-upon specifications, even after initial acceptance gestures, if the full scope of the required execution had not been met.