Construction damage warranty: acceptance of the warranty binds the insurer, even for defects not covered by the ten-year warranty
Published on :
17/06/2025
17
June
Jun
06
2025
Source: www.legifrance.gouv.fr
The owners of a villa entrusted its construction to a contractor and a project manager, both of whom were insured. Following defects, they sought compensation from the building damage insurer, which offered several partial compensation payments. After an appraisal, the owners sued all parties involved to obtain full compensation.
The Court of Appeal dismissed part of their claims on the grounds that some of the defects were not covered by the ten-year warranty. The Court of Cassation overturned the ruling. It pointed out that by accepting the claim within the legal time limit, the building damage insurer acknowledged its liability, even for defects not covered by the ten-year warranty. It was therefore required to finance the entire cost of the repair work.
Furthermore, the Court of Cassation criticised the Court of Appeal for failing to respond to the owners' claims for additional compensation for several defects. Finally, it criticised the rejection of the relocation and moving costs charged to a single builder, whereas the joint and several liability of the builders under the ten-year warranty should have entailed compensation for all damages, including intangible damages.
History
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