Liability of contractors after turning over houses

Dear PAO,
I hired a contractor to finish my vacation house in Tagaytay. The house was turned-over to me on 2005. My caretaker told me last November 2010 that the ceiling at the kitchen suddenly collapsed.

I demanded the contractor to repair the kitchen and pay damages since there was no typhoon or heavy rainfall or any other calamities, which could have caused the damage.

The contractor told me that he would not make the necessary repair or pay damages since the house was in good condition when it was turned-over to me and that I thoroughly inspect the place at such time.
Will the contractor be still held liable under the circumstance?
Benjie Dalisay

Dear Mr. Dalisay,
Yes, the contractor of your house may still be liable for the damage for the collapse of your kitchen even if it was turned-over to you in good condition and even if you have thoroughly inspected the same.

According to the Civil Code, the engineer or architect who drew up the plans and specifications for a building is liable for damages if within 15 years from the completion of the structure, the same should collapse by reason of a defect in those plans and specifications or because of the defects on the ground.

The contractor is also responsible for the damages if the edifice falls, within the same period, on account of defects in the construction or the use of materials of inferior quality furnished by him, or because of any violation of the terms of the contract. If the engineer or architect supervises the construction, he shall be solidarily liable with the contractor (Article 1723, Civil Code).

Thus, the person or company whom you contracted to build your vacation house in Tagaytay City may be liable for damages if it is proved that the kitchen collapsed because of the defect in the construction or use of inferior quality of material. He cannot evade responsibility due to you even if you have inspected the house and found it to be satisfactorily constructed when it was turned-over to you.

Naturally, not all defects in construction could be seen at the time of completion. The law allows the claim for such damage to be filed within 15 years from discovery thereof. In your case, it took about five years to discover the defect.

If the contractor does not want to pay for damages, you may demand from the engineer or architect, if there be any, since the latter’s liability is solidarily with the contractor.

If the contractor or the engineer or architect does not acknowledge their liability despite demand, you may file a case for collection of damages in order for you to establish before the court that the incident was because of a defect in the construction.

Lastly, we wish to remind you that the above legal opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when other facts are changed or elaborated. –Persida Acosta, Manila Times

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299).

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