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.
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