- Statute
- Civil Code
- Article
- Art. 1719
- Topic
- Work and Labor
- Status
- In force
- Book
- BOOK IV Obligations and Contracts
- Title
- TITLE VIII LEASE
- Chapter
- CHAPTER 3 Work and Labor
- Year
- 1949
- Cited by
- A Supreme Court decision
The provision
Acceptance of the work by the employer relieves the contractor of liability for any defect in the work, unless: (1) The defect is hidden and the employer is not, by his special knowledge, expected to recognize the same; or (2) The employer expressly reserves his rights against the contractor by reason of the defect. (n)
Intellegal Wiki · In plain terms
Once the employer accepts the finished work, the contractor is normally freed from liability for defects in it. Two exceptions keep the contractor answerable: where the defect is hidden and the employer, lacking special expertise, could not be expected to notice it, or where the employer expressly reserved the right to complain about the defect.
An editorially maintained plain-language explanation of this provision — not legal advice.
Intellegal Wiki · How the courts apply it
In William Golangco Construction Corporation v. Philippine Commercial International Bank, the Supreme Court held: A contractually stipulated defects-liability period is valid and binding (Article 1306); defects arising after that period do not make the contractor liable, and defects known to a supervising owner are not hidden defects (Article 1719).
One leading Supreme Court case applying this provision.
Cases applying this article
- William Golangco Construction Corporation v. Philippine Commercial International Bank G.R. No. 142830