Contractual Limitation of Builder Liability Upheld

A litigant sought to recover damages from a builder based on a contract for construction work, alleging defects in the execution; the builder contested the claim by invoking a contractual clause limiting liability to a specified period following acceptance of the work, arguing that the claim was time-barred because the action was brought after this contractual limitation expired. The Court of Cassation upheld the lower court's decision, reasoning that the contractual clause limiting the builder's liability for defects was valid and enforceable, provided it did not contravene mandatory legal provisions, and since the suit was initiated outside the contractually agreed-upon prescriptive period following the acceptance of the work, the claim for damages based on those defects was correctly dismissed as time-barred.