Ten-year liability
Enforcement of or defence against ten-year liability: characterisation of the defect (impairing soundness or making the works unfit for purpose), demonstration of the causal link, mobilisation of the insurance.
→ Real Estate · Sub-expertise
Construction disputes are technical and costly: defective workmanship, hidden defects, ten-year liability, delivery delays. They often involve several parties (employer, project manager, contractors, insurers) and require court-appointed expert assessments. We support employers, builders and insurers both upstream and in litigation.
→ What we cover
Enforcement of or defence against ten-year liability: characterisation of the defect (impairing soundness or making the works unfit for purpose), demonstration of the causal link, mobilisation of the insurance.
Enforcement of the short guarantees: snagging (1 year), two-year (2 years for equipment items), articulation with ten-year liability.
Action under the hidden-defects warranty against the seller of a property (rescissory or estimatory action), articulation with the builder's guarantees.
Enforcement of late-delivery penalties, liability action, management of consequential losses (temporary accommodation, loss of rental income).
Appointment of a court-appointed expert, expert representations, challenge to the report, articulation with any action on the merits.
Mobilisation of the mandatory insurance (DO, ten-year liability cover) and supplementary insurance, management of cover refusals, articulation with subrogated recourse.
→ Our approach
01
Recording of the defects, identification of the parties concerned, legal characterisation of the defects, analysis of the insurance that can be mobilised.
02
Formal notice to the parties and insurers, amicable negotiation, claim notification to the insurers.
03
Interim proceedings to appoint a court-appointed expert, monitoring of the assessment operations, representations in response, submissions on the report.
04
Liability action on the merits, oral argument, enforcement of decisions, appeal where appropriate.
→ Who we help
Action by an employer against the builders and their ten-year liability insurer after the appearance of defects affecting soundness (water ingress, structural cracks).
Defence of a builder challenged over defects: contesting the ten-year characterisation, arguing an external cause, mobilising the liability insurance.
Action under the hidden-defects warranty against the seller of an older house with undisclosed defects: choice between rescissory and estimatory action, expert assessment.
Action against a developer for significant delay in delivering an off-plan flat, enforcement of the contractual penalties, claim for compensation of consequential losses.
→ Q&A
A 10-year obligation on builders (architects, contractors, engineering firms) to repair damage compromising the soundness of the works or making them unfit for their purpose. It is mandatorily covered by insurance. The period runs from acceptance of the works.
Insurance taken out by the employer before the works begin, which pre-finances repairs in the event of ten-year damage without waiting for liability to be determined. It is then subrogated against the builders and their ten-year liability insurers. Mandatory for most constructions.
The judge appoints an expert on the basis of a precise remit. The expert convenes the parties, examines the property, hears the arguments (representations), produces a draft report and then a final report. The appointment can be obtained in interim proceedings within a few weeks to a few months.
The buyer has 2 years from discovery of the defect to act against the seller. The buyer bears the burden of proving that the defect predated the sale and was hidden. An expert assessment is generally needed to support the claim.
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