Subcontracting: the project owner may be required to pay for additional works
In a judgement of 3 September 2026, the Court of Cassation reiterated the obligations of the project owner towards approved and authorised subcontractors.
In this case, a subcontractor had been involved in the refurbishment of a building and had carried out, in addition to the works provided for in the original contract, additional works requested by the main contractor. In the absence of full payment due to the compulsory liquidation of the main contractor, the subcontractor sought to hold the project owner liable, as the latter had failed to require the provision of the payment guarantee required by law.
The Court of Appeal had limited the compensation awarded to the subcontractor, finding that the project owner was unaware of the subcontractor’s involvement in the additional works.
The Court of Cassation has overturned this decision. It ruled that the judges should have examined whether these additional works had been carried out as part of the performance of the main contract. If so, the client’s lack of specific knowledge was not sufficient to rule out their liability.
This ruling strengthens the protection of subcontractors by reiterating that a client who fails to fulfil their obligations regarding a guarantee of payment may be required to pay the outstanding sums, including for additional works carried out as part of the main contract.
Source: Cour de Cassation, 3 septembre 2026, n°24-15.620
History
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