Construction newsletter | July 2013

Construction projects are generally complex. They involve several participants (project owner, architects, project managers, engineering companies, builders, subcontractors, etc.), that are each subject to rights and obligations governed by regulations and legislation whose application generates a continuous and copious stream of case law. They require specialist qualifications and knowledge at every stage of a project.

In light of this, and given the constant updates to construction law, we felt it would be useful to provide you with regular updates on trends in case law in this particularly vibrant field.

We hope you enjoy reading this first issue of the construction newsletter.

Focus

• Can building’s façade restoration works (“ravalement”) be covered by the 10-Year Guarantee ?
  Work to restore building’s facades is covered by the 10-Year Guarantee (Garantie Décennale) if (i) they constitute a technical structure (ouvrage) as defined in Article 1792 of the French Civil Code(Code Civil), and (ii) they have been subject to defects of a certain seriousness making them unfit for their purpose.
  Recent case law draws a distinction between restoration works that are purely aesthetic and restorations works carried out to fulfil a waterproofing purpose...

Construction contracts

• Definition of a construction contract for a private house

Execution of private works contracts

• Supplementary works

Construction insurance

• Additional risk

Builders’ legal liability

• Work on existing buildings – The notion of building structure
• Acceptance of works
• The beneficiary of the 10-Year Guarantee

Builders’ common law liability

• Liability of the joint representative

Read the Construction newsletter | July 2013