First you have to provide the contractor with the opportunity to fix its works, as per section 595 of the Civil and Commercial Code (“CCC”) which states that:
“When it is possible to foresee with certainty, whilst the work is proceeding, that by the fault of the contractor, the work will be executed in a defective manager or contrary to the terms of the contract, the employer may notify the contractor to make good the defect or to comply with the terms of the contract within a reasonable time to be fixed in the notice”
However, if the contractor fails to remedy the defects in its works then
“the employer is entitled to have the work repaired or continued by a third person at the risks and expenses of the contractor”.
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