Clearly,
the contract in question is one for a piece of work. It is not
petitioner's line of business to manufacture air-conditioning systems to
be sold "off-the-shelf." Its business and particular field of expertise
is the fabrication and installation of such systems as ordered by
customers and in accordance with the particular plans and specifications
provided by the customers. Naturally, the price or compensation for the
system manufactured and installed will depend greatly on the particular
plans and specifications agreed upon with the customers.
The obligations of a contractor for a piece of work are set forth in Articles 1714 and 1715 of the Civil Code, which provide:
Art. 1714. If the contractor agrees to produce the
work from material furnished by him, he shall deliver the thing produced
to the employer and transfer dominion over the thing. This contract
shall be governed by the following articles as well as by the pertinent
provisions on warranty of title and against hidden defects and the
payment of price in a contract of sale.
Art. 1715. The contractor shall execute the work in
such a manner that it has the qualities agreed upon and has no defects
which destroy or lessen its value or fitness for its ordinary or
stipulated use. Should the work be not of such quality, the employer may
require that the contractor remove the defect or execute another work.
If the contractor fails or refuses to comply with this obligation, the
employer may have the defect removed or another work executed, at the
contractor's cost.
The provisions on warranty against hidden defects,
referred to in Art. 1714 above-quoted, are found in Articles 1561 and
1566, which read as follows:
Art. 1561. The vendor shall be responsible for
warranty against the hidden defects which the thing sold may have,
should they render it unfit for the use for which it is intended, or
should they diminish its fitness for such use to such an extent that,
had the vendee been aware thereof, he would not have acquired it or
would have given a lower price for it; but said vendor shall not be
answerable for patent defects or those which may be visible, or for
those which are not visible if the vendee is an expert who, by reason of
his trade or profession, should have known them.
xxx xxx xxx
Art. 1566. The vendor is responsible to the vendee
for any hidden faults or defects in the thing sold, even though he was
not aware thereof.
This provision shall not apply if the contrary has
been stipulated, and the vendor was not aware of the hidden faults or
defects in the thing sold.
The remedy against violations of the warranty against
hidden defects is either to withdraw from the contract (redhibitory
action) or to demand a proportionate reduction of the price (accion quanti manoris), with damages in either case14 .
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