LexInter | October 12, 2017 | 0 Comments

MALFACON

GUARANTEE

Poor workmanship

Defective work of the contractor. 

The article 1792   of the Civil Code provides that all builder of a book is automatically liable, to the master or the purchaser of the book, damage, even resulting from defects in the ground which undermine the strength of the work or which, affecting it in one of its constituent elements or one of its equipment elements, make it unfit for its intended purpose.
The manufacturer can exonerate himself from this responsibility if he proves that the damage comes from a foreign cause.

This responsibility is qualified as ten-year responsibility when it comes to structural work, if not a two-year responsibility.

Law 78-12 of January 4, 1978, known as the Spineta law, regulated the principle of compulsory insurance for any natural or legal person whose ten-year and two-year responsibilities may be incurred on the basis of the presumption established by articles 1792 et seq. civil Code.

The Law of January 4, 1978 instituted technical control and amended Articles L. 111-23 et seq. Of the construction and housing code

Professional faults in an installation carried out by a company having entrusted a work to people visibly ignorant of the rules of the art, engages the responsibility of the contractor who has not taken the elementary precautions and who. notwithstanding the ten-year foreclosure, has thus deliberately committed fraudulent misconduct likely to engage its contractual liability (Cass. civ. 3 September 8, 2009),

It had already been judged that the builder, notwithstanding the ten-year foreclosure, is, except for fault outside the contract, contractually bound with regard to the contracting authority for his willful fault when, deliberately even without intention to harm, violates by concealment or by fraud of its contractual obligations (3rd Civ., June 27, 2001)

Leave a Comment

Your email address will not be published.


CAPTCHA Image
Reload Image