The firm dealt with the case of a private contract in which the Director of Works had formed an incorrect accounting, favoring the contractor firm, which thereby collected more than it should have compared to the original metric and the work actually performed.

In the first instance, the Court ordered the contractor to repay the undue amount against our client and dismissed the claim against the Construction Manager. Subsequently, the Venice Court of Appeals upheld our appeal and ordered the Director of Works, jointly and severally with the contractor, to repay the amount overpaid.

The Court of Cassation, in Order No. 12639/2025, called to rule on the appeal of the Director of Works, definitively upheld our client's position, reaffirming that, on the subject of liability and contracting, any breach of contract by more than one party that gives rise to a single damaging fact (even if unrelated to flaws or defects in the work) involves solidarity and that a damaging fact is also the overpayment of the amount due, which determines the restitution of the undue sum.