Contractor's Claim for Rescission Due to Unforeseen Foundation Costs Rejected
France (FR)
Synthèse Legislator
Généré par l'IAA contractor, having agreed to perform construction work for a fixed price but later claiming the foundation conditions were unexpectedly difficult and expensive to address, sought to rescind the contract, arguing the foundation's unstable nature constituted an unforeseen event that made execution excessively onerous; however, the court rejected this appeal, reasoning that the contractor, having undertaken the work for a lump sum, bore the risk of encountering such difficulties, especially since the geological conditions were not described in the contract as guaranteed by the owner, thus affirming the binding nature of the fixed-price agreement despite the increased cost of execution.
Regeste Legislator
Généré par l'IAContractor's Claim for Rescission Due to Unforeseen Foundation Costs Rejected: A contractor, having agreed to perform construction work for a fixed price but later claiming the foundation conditions were unexpectedly difficult and expensive to address, sought to rescind the contract, arguing the foundation's unstable nature constituted an unforeseen event that made execution excessively onerous; however, the court rejected this appeal, reasoning that the contractor, having undertaken the work for a lump sum, bore the risk of encountering such difficulties, especially since the geological conditions were not described in the contract as guaranteed by the owner, thus affirming the binding nature of the fixed-price agreement despite the increased cost of execution.