Order No. 9572 of 2024: Liability of the Project Manager in Case of Defects in the Work

The recent order no. 9572 of April 9, 2024, issued by the Court of Cassation, provides interesting insights regarding the responsibilities of the project manager in the context of public contracts. This ruling is part of a fundamental legal debate, clarifying how the professional may be held liable for defects or discrepancies in the contracted work, particularly when failing to provide the necessary technical directives.

The Obligations of the Project Manager

According to the Court, among the main obligations of the project manager is the verification of the conformity of the work to the project and the execution methods established in the specifications. This implies not only a qualitative control but also the adoption of technical measures to ensure that the work is carried out without construction defects. The ruling emphasizes that the project manager's liability cannot be excluded in the event of omission of technical directives, unless such directives pertain to marginal and merely operational tasks.

The Specific Case and the Legal Maxim

Project manager - Related obligations - Content - Liability for defects or discrepancies in the contracted work - Omission of issuance of technical directives related to the execution methods of the works - Existence - Marginal and merely operational material aspects of their execution - Exclusion - Case.

In particular, the Court overturned a ruling that had excluded the project manager's liability in relation to defects caused by rising damp. The Court highlighted that among the project manager's duties is also to provide specific directives regarding the necessity to apply, for example, a protective membrane on the foundation slabs. This decision underscores how technical choices must be made based on the characteristics of the buildings and the land, and serves as a clear reminder of the need for careful and professional management of the construction project.

Conclusions

Order no. 9572 of 2024 represents an important reference point for all professionals in the construction sector. It clarifies that the project manager cannot evade their responsibilities, especially concerning technical choices that could affect the final quality of the work. It is essential that every project manager becomes aware of the extent of their obligations and the consequences that may arise from improper management of the construction process. Only through strict adherence to regulations and technical directives can a work free of defects and in line with the clients' expectations be ensured.

Bianucci Law Firm