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3. Impact of contracts signed between the parties
There may be a risk that a legal expert's report will be useless, due to clauses in signed contracts, particularly works contracts. This pitfall may affect both the contractor and the client, whether the legal expertise is in progress or has been concluded by a report.
3.1 At the contractor's expense
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Existence of liability transfer clauses in works contracts
Since contracts are the law of the parties (according to article 1134 of the French Civil Code: "Legally-formed agreements take the place of the law for those who have made them"), clauses transferring liability may be included in relations between professionals, thereby aggravating the contractor's obligations, since he alone is responsible for repairing...
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Impact of contracts signed between the parties
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Bibliography
- BLOCH (B.M.) - CCAG – Travaux texte annoté – - 3e édition revue et mise à jour. Éditions Berger-Levrault (2010)
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