How to deal with faulty implementation of a work contract?


A work contract is the result contract, where the contracting authority pays the contractor the agreed remuneration if it has been executed in accordance with the contract. However, it happens that the work is not free from defects. How should the client do this?

When are we dealing with a faulty implementation of the work?

According to the Civil Code, under the contract of work, the parties agree that the contractor has commissioned the performance of the work and that the contractor shall decide to do so in accordance with the terms set out in the contract. A defective work is a result of unreliable and incompatible with the contract signed by the contractor. If in the execution of the work the contractor discovers any incompatibility with the contract and irregularities, he does not need to accept it. May require removal of defects in the appropriate time.

Rights of the parties to the work contract

An entity commissioning a work contract with a defective performance may waive the contract if the contractor does not remove defects and they themselves are material. It can also be used at the expense of the contractor to remove the defect to another person and to continue performing the work.

The host may refuse to repair the work if it would require him to incur considerable overhead.

When there is a withdrawal from the contract for the work by the contractor, who previously provided the contractor with his materials, he should return it to the contractor and issue the work commenced.

What about pay?

Defective performance of a contract for a work does not always entail a lack of payment for the performance of the contract. If the executor of the work was ready to do it, but had suffered an obstacle due to the fault of the ordering party, then the contractor must pay him an agreed pay. He can only deduct the amount he has been spared owing to his failure to do so.

The contracting authority may request a reduction of the remuneration for the contractor if the defect can not be removed or the recipient is unable to remedy the problem within a reasonable time. The reduction or refusal to pay the remuneration is justified when the ordering party does not remove the defects indicated within the time limit set by the contracting authority.

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