Property Owner v. Contractor: Acceptance of Defective Work
Synthèse Legislator
Généré par l'IAA property owner, having contracted for building work, appealed a lower court decision that ordered them to pay the remaining balance to the contractor, arguing that the work performed was defective and that they had not been properly notified of the completion date, which was essential for timely acceptance. The Court of Cassation dismissed the appeal, reasoning that the trial court correctly found that the owner had unequivocally accepted the work through their subsequent actions and failure to raise specific objections regarding the alleged defects upon taking possession, thereby waiving their right to rely on the lack of formal acceptance notification for the purpose of withholding payment.
Regeste Legislator
Généré par l'IAProperty Owner v. Contractor: Acceptance of Defective Work: The Court of Cassation dismissed the appeal, reasoning that the trial court correctly found that the owner had unequivocally accepted the work through their subsequent actions and failure to raise specific objections regarding the alleged defects upon taking possession, thereby waiving their right to rely on the lack of formal acceptance notification for the purpose of withholding payment.