Prof Prac RSW 1
Prof Prac RSW 1
Prof Prac RSW 1
Civil Code
The Civil Code, Article 1723, declares the liability for damages in any structure
by reason of defects in its construction or use of inferior materials. The limited
coverage of this provision allows the engineer, architect or contractor to avoid liability
arising from nonobservance of plans and specifications or the use of materials of
inferior quality.
Republic Act No. 386, otherwise known as the Civil Code, Article 1723, is
hereby amended to read as follows:
Article 1723. The engineer or architect who drew up the plans and specifications for
a building is liable for damages if within fifteen years from the completion of the
structure, the same should collapse by reason of a defect in those plans and
specifications, or due to the defects in the ground. The contractor is likewise
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 due to any violation of the terms of the contract. If the engineer or architect
supervises the construction, he shall be solidarity liable with the contractor.
Acceptance of the building, after completion, does not imply waiver of any of the cause
of action by reason of any defect mentioned in the preceding paragraph.
The action must be brought within ten years following the collapse of the building.