Responsibility of contractor (part2)

The contractor is responsible for defects and unauthorized variation of works.
If there are visible defects, the client should not accept the works otherwise he will lose the right to his guarantee (art. 1667, first paragraph of the Italian civil code).

In order to formally contest the works the client should request his legal advisor to notify the contractor through a formal letter of default.

If the client accepts the works, and defects and/or unauthorized variations of works are visible, he will lose the right to a guarantee unless the contractor omitted the defects and variations maliciously.

The contractor is acting maliciously, when; although aware of the defects and/or variations, does not clearly declare such things to the client.

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