Construction project blocked: judge may order expert assessment rather than mere hearing
Source: www.courdecassation.fr
The project owners had commissioned a project management company to design a residential house. Despite obtaining two building permits, they terminated the contract, considering that the location was not feasible, and took legal action against the project manager.
Before any legal proceedings, they applied to the judge in summary proceedings for a judicial hearing to preserve the evidence of the facts. On the basis of Article 145 of the French Code of Civil Procedure, the Court of Appeal recognised a legitimate reason and, given the technical nature of the dispute (land, plans, budget), ordered not a simple hearing but a legal expert assessment.
The project management company and its insurer appealed, arguing that the judge had modified the claims.
The Court of Cassation dismissed their appeal: since the purpose of the measure remained the same (to preserve or establish evidence), the transition from hearing to expert assessment was a simple matter of assessing the terms and conditions, and did not constitute a modification of the subject matter of the dispute. The appeals were dismissed.
The decision demonstrates the validity of the approach taken by the legislator, who, by decree of 18 July 2025, favoured conventional investigation in order to save time and increase efficiency.
History
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