Overview
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ABSTRACT
In France, the execution of works contracts, whether private or public, is followed by a ten-year period during which the liability of builders may be sought in the event of disorders of a certain importance. In addition, as is the case for driving a motor vehicle, the law makes it compulsory for clients and builders to take out insurance policies covering this liability.
It is therefore logical to devote a specific development to it : it is the object of this article.
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Read the articleAUTHOR
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Bernard-Michel BLOCH: Diplôme d'Études Supérieures Spécialisées (DESS) in Construction and Urban Planning Law - Former member of the Paris and Hauts-de-Seine bars
INTRODUCTION
The term "construction insurance" is usually used to refer to the area of law applicable to builders' liabilities that may arise after acceptance of work, and to insurance designed to cover these liabilities.
This treatise (cf. articles on public works contracts and concessions
In France, the ten-year liability of builders has been enshrined in law for over two centuries, since the Civil Code of 1804 already stipulated that architects and contractors were liable for 10 years in the event of a building being damaged by a construction defect.
However, the need to insure this liability only arose in the 2nd half of the 19th century, on the initiative of contractors who set up mutual insurance companies, with the first ten-year insurance policy appearing in 1923.
Since then, builder liability has been modernized in stages over the course of the 20th century, culminating in a coherent set of rules covering liability and guarantees in the Civil Code, and compulsory insurance in the Insurance Code.
The purpose of this article is to provide the reader with a more comprehensive and synthetic approach to these issues, taking into account the forty-five years of application of the Act of January 4, 1978, which overhauled positive law, the partial reform brought about by the Order of June 8, 2005 on compulsory insurance in the construction field, and the recodification brought about by the Act of June 17, 2008 reforming the statute of limitations in civil matters.Logic dictates that we first review the liability regime applicable to builders (§ 1 ), before examining...
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KEYWORDS
markets of works | building insurance | regulation | liability | hidden defects | damage
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