Noell Whessoe v. Independent Testing Consultants

Summary

This case involved the solidary liability of parties in a construction project under Article 1729 of the Civil Code. Independent Testing Consultants sued for unpaid fees after providing services to Petrotech, a subcontractor of Noell Whessoe in Liquigaz's construction project. The Supreme Court clarified that Article 1729 creates solidary liability between owner, contractor, and subcontractor for unpaid obligations to suppliers, protecting suppliers from unscrupulous contractors and possible connivance between owners and contractors. However, the Court established that full payment to the subcontractor serves as a valid defense against this liability. The Court also ruled that Noell Whessoe and its UK parent company were not separate entities for this project, but absolved Noell Whessoe from liability due to full payment made to Petrotech. The decision reinforced that corporations cannot claim moral damages as they lack the capacity for mental anguish or suffering.