The Builder's Liability in Ruling No. 1252/2025: Analysis and Implications

The recent ruling No. 1252 of January 18, 2025, by the Court of Cassation has generated significant interest in the field of civil law, particularly concerning the builder's liability in the context of contracts for the construction of wind farms. This article aims to analyse the implications of the ruling, clarifying the key points and the regulations involved.

Context of the Ruling

The Court of Cassation addressed the case of a wind turbine installation contract, where the issue of the classification of the support tower arose. According to the ruling, the tower must be considered a construction in all respects, as it is an inseparable part of the wind farm. This aspect is crucial, as it determines the builder's liability in case of serious defects or evident danger of collapse.

The Ruling's Principle

(BUILDER'S LIABILITY) - IN GENERAL Contract for the installation of a wind turbine - Classification of the tower as a construction - Reasons - Consequences - Bringing an action under Article 1669 of the Civil Code in case of evident danger of collapse or serious defects - Case description. In the matter of a contract for the construction of buildings or other immovable property intended by their nature for long-term use, in the case of a contract for the installation of a wind turbine, the support tower must be classified as a construction as it constitutes an inseparable part of the unitary plant system of the wind turbine (rotor-nacelle-tower) and represents an essential functional element of the wind farm which, in its absence, cannot fulfil the function for which it is designed, consequently allowing for an action under Article 1669 of the Civil Code in the event that the asset itself presents an evident danger of collapse or serious defects. (In this specific case, the Supreme Court confirmed the ruling that had attributed the detachment of the nacelle with the blades, and the consequent impossibility of the plant's operation, to the hypothesis of collapse of long-lasting immovable property).

Legal and Regulatory Implications

The classification of the tower as a construction has important legal consequences. In fact, according to Article 1669 of the Italian Civil Code, the client can bring an action for defects or flaws in the work that compromise its functionality or stability. This article therefore becomes crucial in the context of contracts for the construction of wind farms, where structural defects can lead to the total inefficiency of the plant itself.

• Art. 1667 of the Civil Code: Builder's obligation to guarantee the work against defects and flaws.
• Art. 1668 of the Civil Code: Builder's liability for defects in the work.
• Art. 1669 of the Civil Code: Action for collapse of the immovable property.

This decision by the Court of Cassation confirms a jurisprudential trend aimed at protecting the rights of clients and ensuring the functionality and safety of construction works.

Conclusions

Ruling No. 1252 of 2025 offers a clear interpretation of the builder's liability in the context of wind farm construction. The classification of the tower as a fundamental part of the plant highlights the importance of ensuring that all components are built to high safety and functionality standards. Therefore, it is essential for clients to be aware of their rights and the actions they can take in case of defects or dangers of collapse. The ruling represents a step forward in Italian jurisprudence, contributing to a safer and more regulated environment in the construction sector.