Cassation court dismisses appeal against appellate court ruling on contract performance and burden of proof in construction dispute.
Sintesi Legislator
Generato dall'IAThe Cassation Court rejected the appellant's appeal against the Second Instance Court's decision confirming a construction contract award. The appellant argued that the lower court failed to properly address performance issues and incorrectly placed the burden of proof on them. The court held that the appellate court correctly found no performance dispute since the appellant never contested the work quality, and thus the burden of proof rested with the appellant to demonstrate non-performance.
Regesto Legislator
Generato dall'IAArt. 1394 cod. civ.; Art. 1460, 2697 cod. civ.: In construction contracts where the contractor never contests the quality or quantity of work, the burden of proof regarding performance remains with the contractor, and the court's assessment of payment modalities is not subject to revision on appeal.