Judicial principles and studies
Contracting Agreement: Judicial Notice and Defective Performance
A concise overview of how Articles 785 and 786 affect an employer's remedies and evidentiary approach when a contractor's performance is defective.
Updated: 10 September 2026
Prepared and reviewed by: Ashraf Al-Khawaja
Subject
This study outlines an employer's remedies and procedural considerations regarding defective performance and judicial notice in construction contracts, focusing on the scope of Articles 785 and 786 of the Civil Code.
Summary
- Article 785 provides measures available to the employer when a contractor's performance is defective or departs from agreed terms, but these measures apply only while the contract remains in the execution phase, as indicated by the statutory wording. - Article 786 allows the employer to seek compensation after completion of the contract if the contractor's conduct caused loss or damage, whether through default or other conduct. - For assessing the proportion and value of completed work, witness testimony alone is insufficient; the trial court must order technical expertise to identify and value the work performed and to determine wages due after deducting amounts received and the cost to remedy defective work. Note: This is an educational summary only; it is not a judicial text or legal advice.
Practical significance
This is a general educational summary based on the points published in the official source. It does not replace the original material or a review by Ashraf Al-Khawaja before relying on it for any action.
Sources and references
Verify the official text and latest amendments before relying on this material professionally.