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Construction Defects

Did you know that when it comes to construction, the client is not bound to pay the price of the work to the contractor before the work is accepted? 

In fact, at the time of payment, the client may deduct those anomalies from the price, until the repairs or corrections are made to the work and/or a sufficient amount to meet the reservations which he made as to the apparent defects or poor workmanship that existed when he accepted the work. 

This comes with one exception by law: The client may not exercise this right if the contractor furnishes him with sufficient security to secure the performance of his obligations.

In construction contracts that provide for successive payments though, it is important to mention that the contract must contain an express stipulation providing that the contractor provides the customer with a statement of account which demonstrates, in detail, the sums that have already been paid to material suppliers as well as to subcontractors in order to justify their request to receive payment of a deposit.

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