Construction Defect Damages Appeal
France (FR)
Synthèse Legislator
Généré par l'IAA party appealed a decision requiring them to pay damages for the improper construction of an edifice, arguing that the construction adhered to the plans approved by the other party and that the subsequent modifications were merely superficial and caused no harm. The court rejected the appeal, reasoning that the approval of the plans did not implicitly authorize deviations or defects in execution; the obligation to construct in accordance with the agreed-upon specifications was absolute, and any failure to meet those specifications, regardless of the perceived extent of the damage, constituted a breach of contract justifying the awarded compensation.
Regeste Legislator
Généré par l'IAConstruction Defect Damages Appeal: The court rejected the appeal, reasoning that the approval of the plans did not implicitly authorize deviations or defects in execution; the obligation to construct in accordance with the agreed-upon specifications was absolute, and any failure to meet those specifications, regardless of the perceived extent of the damage, constituted a breach of contract justifying the awarded compensation.