Building contractors

contractual obligations
Piece of work----- liable for his
negligent performance-- work of
persons employed by him

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 solidarily
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.

Liability for Quasi-delict to the

owner
the damages resulting from its total or partial
collapse
damages caused by the explosion of machinery
which has not been taken cared of with due diligence,
and the inflammation of explosive substance which
have not been kept in a safe and adequate place
Damages caused by excessive smoke, which may be
harmful to persons or property.
Damages caused by the falling of trees situated at or
near highways or lanes if not caused by force
majeure
Damages caused by emanations from tubes, canals,
sewers or deposits of infectious matter, constructed
without precautions suitable to the place.

Liability to third persons

Article 1728. The contractor is liable for all the claims of
laborers and others employed by him, and of third persons
for death or physical injuries during the construction.
---- However, the contractor is liable for injuries that
occur after the construction of the building caused by the
negligent construction of the building. Privity is not
indispensable.
Effect of approval of plans by building official
Gotesco Investment Corporation v. Chatto: the structural
designs and plans of the building were duly approved by the
City Engineer and the building permits and certificate of
occupancy were issued do not at all prove that there were no
defects in the construction, especially as regards the ceiling,
considering that no testimony was offered to prove that it
was ever inspected at all.

TOWAGE
One vessel is hired to bring another vessel, like
a barge, to another place. Thus, a tugboat may
be hired by a common carrier to brng the
vessel to port. In this case the operator of the
tugboat cannot be considered a common
carrier.
The party that provides the service in a
contract of towage is required to observe the
due diligence of a good father of the family. The
negligence of the obligor in the performance of
the obligation renders him liable for damages
for the resulting loss suffered by the obligee.

STEVEDORING
The function of stevedores involves the
loading and unloading of coastwise vessels
calling at the port. Stevedoring refers to the
handling of the cargo in the holds of the
vessels or between the ships tackle and the
holds of the vessel.
The responsibility of the stevedore ends upon
the loading and stowing of the cargo in the
vessel
diligence of a good father of a family.
It is not a common carrier because it does
not transport goods or passengers.

COMMON CARRIERS
extra-ordinary diligence in the vigilance over the goods and
for the safety of passengers transported by them according
to all circumstances of each case.
The law provides that the common carriers shall be
responsible for all the loss, destruction or deterioration of
the goods unless the same is due to any of the following
causes only:
1. Flood, storm, earthquake, lightning, or other natural
disaster or calamity
2. act of the public enemy in war, whether international or
civil.
3. Act or omission of the shipper or owner of the goods.
4. the character of the goods or defects in the packing or in
the containers
5. order or act of competent public authority.

PRESUMPTION
common carriers have been at fault
or have acted negligently.
Burden of proof rests with the carrier
in a case based on contract.