Car wash and construction defect: ten-year warranty excluded for professional equipment
Published on :
03/04/2025
03
April
Apr
04
2025
Source: www.courdecassation.fr
A company operating a car wash entrusted a contractor with groundworks, roadworks and network installation. When it noticed unfiltered water overflowing onto the car wash lanes, it held the contracting company liable and sued it for compensation. The contracting company called on its insurer to cover the claim.
The Court of Appeal upheld the contracting company's ten-year liability, considering that the work carried out constituted a structure and that the unsuitability of the oil separator was the cause. Consequently, it ordered the insurer to cover the contracting company.
The Court of Cassation partially overturned the ruling, finding that the Court of Appeal should have drawn conclusions from its finding that the hydrocarbon separator was linked to the car wash's activity. It pointed out that, according to Article 1792-7 of the Civil Code, an element whose sole function is to enable a professional activity to be carried out in the structure is not covered by the ten-year guarantee.
History
-
Global Law Experts Annual Awards 2025
Published on : 25/04/2025 25 April Apr 04 2025Awards
EBA Endrös-Baum Associés has been awarded the annual prize in the ‘Product Li... -
Responsibility of the Court-appointed expert: an incomplete report can be costly
Published on : 22/04/2025 22 April Apr 04 2025Actualités
Source: www.legifrance.gouv.fr After a homeowner's ten-year warranty claim... -
New article "The French Court of Cassation reconsiders its position on the validity of insurance policies governed by foreign law"
Published on : 18/04/2025 18 April Apr 04 2025Actualités
We are very pleased to present the new article ‘The French Court of Cassation... -
Hidden defects: confirmation of the suspension of the limitation period during the expert appraisal
Published on : 10/04/2025 10 April Apr 04 2025Actualités
Source: www.courdecassation.fr The purchasers sued the seller of an apartm... -
Car wash and construction defect: ten-year warranty excluded for professional equipment
Published on : 03/04/2025 03 April Apr 04 2025Actualités
Source: www.courdecassation.fr A company operating a car wash entrusted a...
-
Confirmation of the reversal of case law: the two-year period provided for in Article 1648 of the French Civil Code is a limitation period that can be suspended by an emergency expertise procedure
Published on : 14/03/2025 14 March Mar 03 2025Publications
Source: www.courdecassation.fr A buyer purchased a second-hand vehicle fro...