Contractor Payment Dispute Over Defective Work and Provisional Acceptance

A contractor sued the property owner for payment under a construction contract, claiming the work was completed, but the owner refused payment, asserting the work was defective and incomplete, despite having issued a provisional acceptance document. The court ruled that while the provisional acceptance indicated the work was substantially finished, it did not definitively waive the owner's right to later claim defects or incompleteness, as the acceptance was subject to the contractor subsequently remedying minor issues; therefore, the contractor's claim for full payment was premature until all obligations under the contract were satisfactorily fulfilled, leading to the cassation of the lower court's decision which had ordered payment based solely on the provisional acceptance.