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The diligence of the construction manager must be assessed in practice. The order of the Supreme Court no. 3855 of February 17, 2020.
- 24/02/2020
The Supreme Court with order no. 3855 of February 17, 2020 stated that in the matter of liability resulting from defects or non-conformities of the contracted work, the construction manager on behalf of the client, being called to carry out his activity in challenging situations which requires the use of specific technical skills, shall use his intellectual and operational resources to ensure, with respect to the work in progress, the result that the client-principal expects to achieve, so that its behavior must be assessed not with reference to the normal concept of diligence, but in the same way of the "diligentia quam in concreto"; therefore, the obligations of the construction manager include the assessment of the conformity both of the progressive realization of the work to the project, and of the modalities of its execution to the tender specifications and / or to the rules of the technique, as well as the adoption of all necessary technical measures aimed at guaranteeing the realization of the work without constructive defects.
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