Question: Two years ago, I received my villa from the contractor who built it. However, it become clear to me that the roof of the villa is leaking, in addition to having other defects. I contacted the contractor, but he refuses to fix the problems under the pretext that the defect warranty expires one year from the date of delivery of the villa. What is the position of the law on the contractor’s behaviour? What legal procedures need to be taken against him? Please advise.
Answer: You have the right to file a case against the contractor within three years from the occurrence of the destruction or the disc You have t he right to file a case against the contractor within three years from the occurrence of the destruction or the discovery of the defectovery of the defect because he is liable for a period of 10 years or a longer agreed period, to indemnify the master of work for total or partial destruction and for every defect endangering the solidity and security of the building.
This is stated in Article 880 of the Civil Transaction Law (If the object of the contracting contract was the erection of buildings or other fixed constructions that the architect has designed, to be executed by the contractor, under his supervision, they shall be jointly liable, for a period of 10 years or a longer agreed period to indemnify the master of work for total or partial destruction of these buildings or fixed constructions and for every defect endangering the solidity and security of the building; all this unless the two contracting parties agreed that these constructions are meant to stay for less than 10 years.
This obligation to indemnify shall remain in effect even if the defect or the destruction is due to a defect in the ground itself, and even if the master authorised the erection of the defective buildings or fixed constructions. The 10-year period shall start as of the time of delivery of the work.
If the architect’s work is limited to the preparation of the plans without being entrusted with the supervision of their execution, he shall be responsible only for defects in the plans. Any clause tending to exonerate or limit the warranty of the contractor or the architect is void.
Court action on the warranty may not be heard after three years from the occurrence of the destruction or the discovery of the defect.
