Malfaçon

Malfaçon refers to a defect or flaw in construction work or goods. It is a term commonly used in civil law jurisdictions to describe a failure to perform work or deliver goods in accordance with the contract, specifications, or applicable standards. This can manifest as a deviation from the agreed-upon design, use of substandard materials, or improper execution of the work.

The consequences of malfaçon can vary depending on the severity of the defect and the applicable laws. Typically, the party responsible for the malfaçon is liable for the damages incurred. This might include the cost of repairs, compensation for losses resulting from the defect, or even the rescission of the contract in certain cases. Legal frameworks often provide recourse for the injured party, allowing them to seek remedies through negotiation, mediation, arbitration, or litigation.

Identifying malfaçon often involves expert assessments and technical evaluations to determine whether the work or product deviates from expected quality or contractual obligations. In construction, for instance, this could involve architects, engineers, or specialized inspectors. The onus is usually on the party claiming malfaçon to prove its existence and the resulting damages. Establishing fault and causation is crucial in any claim involving defective work or goods.