Construction: No joint and several liability without shared fault
Published on :
27/05/2025
27
May
May
05
2025
Source: www.legifrance.gouv.fr
In construction, several parties may be held liable for defects affecting the work. However, their joint and several liability to compensate the client requires that their faults contributed inseparably to the same damage. Otherwise, the liability of each party must be assessed separately.
In this case, the project owners had entrusted the project management of their detached house to a project manager, while the earthworks and masonry were carried out by a structural contractor insured by a damage insurer. Following problems with the basement, the owners sued the builders and the insurer for compensation.
The Court of Appeal ordered the project manager and the structural contractor to jointly and severally compensate the owners for the loss of use and moral damage suffered. It also ordered the project manager to indemnify the contractor up to 80%.
However, the Court of Cassation overturned this decision, ruling that certain defects (in particular a lack of waterproofing) were the sole responsibility of the structural contractor and that the project manager was not at fault in this regard. The Court of Appeal could not therefore order them to pay jointly and severally without establishing joint breaches giving rise to indivisible damage.
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