Breach of Contract Claim Barred by Acceptance and Statute of Limitations
France (FR)
Synthèse Legislator
Généré par l'IAA plaintiff sued a construction company for breach of contract, claiming defects in the materials used for the construction of a building; the appellate court affirmed the trial court's decision rejecting the claim, finding that the plaintiff had accepted the work without reservation after being formally notified of its completion and that the delay in bringing the action exceeded the period for exercising recourse based on hidden defects, which the court held the plaintiff failed to prove existed at the time of acceptance, thus the high court dismissed the appeal because the lower court correctly applied the law regarding the finality of acceptance and the time bar for claims based on defects.
Regeste Legislator
Généré par l'IABreach of Contract Claim Barred by Acceptance and Statute of Limitations: A plaintiff sued a construction company for breach of contract, claiming defects in the materials used for the construction of a building; the appellate court affirmed the trial court's decision rejecting the claim, finding that the plaintiff had accepted the work without reservation after being formally notified of its completion and that the delay in bringing the action exceeded the period for exercising recourse based on hidden defects, which the court held the plaintiff failed to prove existed at the time of acceptance, thus the high court dismissed the appeal because the lower court correctly applied the law regarding the finality of acceptance and the time bar for claims based on defects.