Contractor Defect Damages Assessment Reversal
Synthèse Legislator
Généré par l'IAA contractor, having completed construction work, sued the project owner to recover outstanding sums, but the owner counterclaimed for damages, asserting the work was defective and incomplete, and the lower court partially rejected the contractor's claim while upholding the counterclaim based on expert findings of numerous defects and non-compliance with plans, leading the Court of Cassation to overturn the ruling because the lower court failed to establish the specific responsibility of the contractor for each alleged defect as required by law, and did not sufficiently explain how it assessed the fault or quantified the resulting damages.
Regeste Legislator
Généré par l'IAContractor Defect Damages Assessment Reversal: A contractor, having completed construction work, sued the project owner to recover outstanding sums, but the owner counterclaimed for damages, asserting the work was defective and incomplete, and the lower court partially rejected the contractor's claim while upholding the counterclaim based on expert findings of numerous defects and non-compliance with plans, leading the Court of Cassation to overturn the ruling because the lower court failed to establish the specific responsibility of the contractor for each alleged defect as required by law, and did not sufficiently explain how it assessed the fault or quantified the resulting damages.