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Article 723: Responsibility of the contractor for inadequate performance

📅 Updated: 30.09.2026

1. Where the work has been performed by a contractor with derogations from the contract that have deteriorated the performance or with other defects that render it unfit for the performance of the contract The employer may, unless otherwise provided by law or by contract of his or her choice, make use of or in the absence of an appropriate condition for ordinary use. Require the contractor: to remedy the deficiencies free of charge within a reasonable time; to reduce the cost of work in a proportionate manner; to reimburse its costs for the correction of the deficiencies when The contractor may, instead of remedying the deficiencies for which it is responsible, perform the work free of charge with compensation. In such a case, the employer is obliged to return the performance previously referred to it to the contractor if, by the nature of the work, such recovery is possible. Whether derogations from the terms of the contract or other defects of the performance within a reasonable period of time determined by the employer have not been corrected or are material and inexcusable, the order 4. The condition of the contract for the discharge of the contractor from liability for certain defects is not open. 5. The contractor who provided the material to perform the work shall respond to the failure of the contractor to act or to act. It is for its quality under the seller ' s liability rules for goods of inadequate quality (art. 475).