Suspension of prescription: this only benefits the person requesting the expertise appraisal
Published on :
01/07/2025
01
July
Jul
07
2025
Source : www.courdecassation.fr
Cour de cassation, civile, Chambre civile 3, 6 mars 2025, 23-20.018, Publié au bulletin
A project owner undertook renovation and extension work on a retirement home. Due to problems, an expertise appraisal was ordered at his request. Once the report was submitted, he sued the parties involved in the construction work. Two of them then filed a counterclaim for payment of the balance of their work.
The Court of Appeal declared these claims time-barred, considering that the suspension of the limitation period linked to the expertise appraisal only benefits the party who requested it. It also rejected any acknowledgement of debt, as the project owner had always contested the payment.
The Court of Cassation approved this analysis and ruled that the suspension provided for in Article 2239 of the French Civil Code is personal to the party requesting the investigative measure. Consequently, claims for payment made after the limitation period are inadmissible.
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