1. If the subject matter of a Muqawala contract is the construction of buildings or other fixed installations, for which the engineer has prepared the design to be executed by the contractor under the engineer’s supervision, they shall both be jointly liable for what occurs within a period of ten (10) years by way of total or partial collapse of the buildings they have constructed or the fixed installations they have erected, even if the collapse arises from a defect in the land on which they were erected or if the employer had authorized the erection of the defective structures, unless the contracting parties intended, in this case, for such installations or buildings to remain for a period shorter than ten (10) years. 2. The warranty stipulated in Paragraph (1) of this Article shall include any defects in the buildings and installations that threaten the structural integrity and safety of the construction. 3. The warranty period shall commence from the date the employer takes delivery of the work. 4. The provisions of this Article shall not apply to any right of recourse the contractor may have against subcontractors.
Interpretation and application must be checked against the official text and current version.
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