Building Contractors

A. Contractual Obligation
-usually a contract for a piece of work
CONTRACTOR is liable for his negligent performance of the contractual
obligation to construct the building--- he is also liable not only for his one acts but
also for the works of persons employed to him.

. Liability for Quasi Delict to the Owner

When can an engineer/ architect held liable?

*Damage was caused by the defect in construction contemplated under Art. 1723

1) Damages resulting form its total or partial collapse

2) Damages cause by the explosion of machinery which has not been take care of with
due diligence, and the inflammation of explosice substances which have not been kept
in a safe and adequate place
3) Damages caused by excessive smoke, which may be harmful to persons or property
4) Damages caused by the falling of trees situated at or near highways or lanes, if not
caused by force majeure
5) Damages caused by emanations from tubes, canals, sewers, or deposit of
infectious matter, constructed without precautions suitable to the place

Liability to third persons

Towage
-party that provides the service in a contract of towage is required to observe the due
diligence of a good father of the family .

Stevedoring
observe the due diligence of a good father of the family

Common Carriers
GR: Extraordinary Diligence is needed.
Exemptions:
a. Flood, storm, earthquake, lightning, or other natural disaster or calamity
b. Act of the public enemy in war (international or civil)
c. Act or omission of the shipper or owner of the goods
d. The character of the goods or defects in the packing or in the containers
e. Order or act of competent public authority