Italy: Recourse of the contractor against the subcontractor in the event of defects

In its judgement no. 8647 of 02.04.24, the Italian Court of Cassation ruled that the contractor only has a right of recourse against the subcontractor if he forwards the customer’s notice of defects to the subcontractor within 60 days.

In this judgement, the Italian Court of Cassation examined the relationship between the customer, the contractor and the subcontractor in the light of Art. 1670 of the Italian Civil Code.  In this respect, it was established that the obligation to give notice of defects also exists if the subcontractor has given a blanket undertaking to the contractor to remedy the defects notified by the customer in the future.

The notice of defects enables the subcontractor to obtain information about the extent of the defects complained about and to take immediate measures to remedy them or to prove that the work is free of defects or that it is not responsible for them.

Even a possible discovery of the defect by the subcontractor does not release the customer from the obligation to give notice of defects in due time. The respective contracts always apply independently and separately from each other. This means that the subcontractor’s liability is conditional: the contractor may only make a claim against the subcontractor if the customer makes a claim against the contractor for the same reason.

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This article is intended to provide general information and does not replace individual legal advice. Sandra Bendler-Pepy(Rechtsanwältin and Avvocato) will be happy to answer any further questions you may have. Call us without obligation! (+49-89-51 24 27 0).