Construction Defect Liability Appeal Dismissed

A party appealed a decision that ordered them to pay damages for a construction defect, arguing that the lower court failed to properly establish the contractual link between the parties and the existence of a fault. The appellate court had determined that the owner of the work had proven the existence of a defect attributable to the contractor's execution, which directly caused damage, thus establishing the necessary liability, even if the exact cause of the defect was not definitively identified, as long as it was linked to the construction work itself. The highest court dismissed the appeal, finding that the lower court had sufficiently established the elements of contractual liability by finding a defect in the work resulting in damage attributable to the contractor's execution.