Short answer. Yes. Article 1719 of the Civil Code says acceptance of the work relieves the contractor of liability for defects, unless the defect is hidden, or the employer expressly reserves his rights against the contractor by reason of the defect. A clear reservation at acceptance keeps your claim alive.
What the law says
Acceptance of the work by the employer relieves the contractor of liability for any defect in the work, unless: (1) The defect is hidden and the employer is not, by his special knowledge, expected to recognize the same; or (2) The employer expressly reserves his rights against the contractor by reason of the defect.
Civil Code, Article 1719 — Acceptance and Hidden Defects. Read the full provision →
Acceptance normally closes the door, but with two exceptions
The general rule is that taking the work as done ends the contractor's exposure. Article 1719 states that acceptance of the work by the employer relieves the contractor of liability for any defect in the work, subject to two exceptions. The second is the one your question is about: liability survives where the employer expressly reserves his rights against the contractor by reason of the defect. So yes, you can preserve your claim, but only by making the reservation express and by tying it to the defect. Silent acceptance, or acceptance with only a vague grumble, is what forfeits the right. The law rewards the employer who speaks up clearly at the moment he takes delivery.
Make the reservation express and specific
"Express" is the operative word. A reservation should be stated plainly and, wherever possible, in writing, identifying the defect and declaring that acceptance is without prejudice to your rights against the contractor on account of it. A punch list attached to the acceptance certificate, a signed note that payment and turnover are subject to correction of listed items, or a dated letter sent at acceptance all serve. What will not do is a general hope that problems get fixed, or an assumption that everyone understood you were unhappy. Because the contractor is otherwise released, the clarity and timing of your reservation are precisely what a later dispute will turn on.
Hidden defects stand on their own footing
You do not always need a reservation. The first exception in Article 1719 keeps the contractor liable where the defect is hidden and the employer is not, by his special knowledge, expected to recognize the same. Faults you could not have seen at turnover, buried behind finishes, or beyond your competence to detect, are not waived by accepting the work, because you cannot reserve rights over a problem you did not know existed. The reservation route matters most for defects that were apparent or that you knew about at acceptance; for those, your rights survive only if you expressly held them back.
What the reservation preserves, and what it does not
A valid reservation keeps your claim against the contractor open; it does not, by itself, prove the defect, its cause, or its cost, all of which you would still have to establish. Nor does it extend forever: claims are subject to the periods the law sets for actions of this kind, so a preserved right can still be lost to delay. The sensible course is to reserve clearly at acceptance, document the condition of the work, and pursue correction or damages within a reasonable time. If the scope of your reservation is contested, the wording you used at turnover will carry much of the weight.
Cases citing this provision
These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.
- Mavest (USA) Inc., et al. vs. Sapaguita Garment Corporation, G.R. No. 127454, September 21, 2005 — read the decision on LawPhil →
- William Golangco Construction Corporation vs. Philippine Commercial International Bank, G.R. No. 142830, March 24, 2006 — read the decision on LawPhil →