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A procurer who does not appoint a director of works is liable for damages
- 14/11/2016
A director of works is an individual or a business responsible for planning and supervising the execution of works on behalf of the procurer. The appointment of a director is compulsory also for small works, involving interventions on metal structures or use of reinforced concrete (Act no. 1086 of 5th November 1971).
Therefore, the director of works is jointly liable with the contractor for damages related to the execution of works (Court of Cassation, no. 18521 of 21st September 2016).
Instead, where the appointment of a director is not compulsory and is not made, the procurer himself is jointly liable with the contractor for the proper implementation of works.
Indeed, with judgment no. 22884 of 10th November 2016, the Court of Cassation has stated that the absence of a director implies that works have been executed under the direction and the joint liability of the procurer.
Damages caused by executive mistakes shall then be compensated, both by the contractor and by the procurer, given that the absence of a director does not increase, in itself, the liability of the contractor.
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