New Civil Code enacts special type of solidary obligation to remedy the defects of building constructed under contract for works. All subcontractors (suppliers) of constructor, investor`s technical supervisors or construction project designer are solidary responsible together with the constructor in case the defect can be attributed to the performance they provided. However, these parties need not to be the parties to the contract for works itself (and usually are not) as their obligation arises by law.
The remedies that the investor can claim on these co-debtors, however, are limited to right to demand the repair of the defect. Investor may demand remedy on any of the co-debtors and all the co-debtors are obliged to perform the remedy in full.
The investor has to give notice to the debtor within a reasonable time. The notice can be sent to any of the co-debtors but we advise all investors to give notice always to the constructor first or together with the other co-debtors.