by Gerald Humphreys
If you engage a builder to undertake construction work, by law their work must be guaranteed for a period of up to ten years. The responsibility is referred to as ‘la responsabilité décennale’.
Where a defect arises the client is not obliged to prove the fault and the building contractor is presumed to be responsible.
However, the builder can escape liability on grounds of ‘force majeure’ or where the client (or their architect) was responsible for the design.
The builder remains responsible for the work of their sub-contractors.
To improve the enforceability of the 10-year liability, the law requires the building contractor to take out insurance cover, called ‘assurance décennale’
The ten-year guarantee operates on a tiered basis.
Beyond the first two years, the ten-year guarantee does not cover defects in building products or equipment installed in the property. It only covers the workmanship of the contractor.
The insurance is between the builder, the owner and successive purchasers of the building. The client can also take out their own insurance, called ‘assurance dommages-ouvrage’