Responsibility of the Court-appointed expert: an incomplete report can be costly
Published on :
22/04/2025
22
April
Apr
04
2025
Source: www.legifrance.gouv.fr
After a homeowner's ten-year warranty claim against the builders of her house was dismissed, she sued the Court-appointed expert and his insurer, arguing that the shortcomings in the expert report had caused her case to fail.
The Court of Appeal upheld the claim, ruling that the limitation period had only started to run on the date of the final rejection of the appeal against the initial decision, i.e. 3 April 2013. As the summons was served on 10 February 2017, the claim was not time-barred.
The Court of Cassation confirmed that the limitation period for the expert's liability begins to run from the date of the final court decision establishing the damage. It also upheld the Court of Appeal's assessment that the expert had committed a fault by producing an imprecise report, causing the claimant to lose a chance of winning the case. He was held liable for 40% of the damages.
History
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Suspension of the time limit under Article 1648: the court-appointed expert extends the warranty claim
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