Property Owner v. Contractor (Construction Defect Statute of Limitations)

A property owner sued a contractor for damages, alleging defects in construction work, but the trial court dismissed the claim as time-barred under the relevant ten-year warranty statute for construction defects. The Court of Cassation upheld the dismissal, reasoning that the statutory ten-year prescriptive period for actions against contractors regarding defects in major structural elements begins upon the work's acceptance by the owner, and since the action was brought after this period had elapsed following acceptance, the claim was indeed time-barred.