In matters of institutional arbitration, where an award is set aside by the Court of Cassation for breach of legal provisions, the Court of Appeal on remand is entitled to decide the dispute on the merits, as the assessment of facts and evidence acquired during the arbitral proceedings is not precluded.
The contractor's liability for defects in the work does not admit limitations in the quantum of damages, given that Article 1668, paragraph 1, of the Civil Code places upon the contractor all consequences of defective performance, obliging him to bear the full burden of eliminating defects, even when expenses incurred by the employer for remedial works have not achieved definitive resolution of the alleged prejudice.