Owner's Acceptance vs. Builder's Contractual Obligation on Construction Conformity
France (FR)
Synthèse Legislator
Généré par l'IAA builder, contracted to construct a building according to plans, was sued for damages by the owner due to the construction not conforming to the specified plans, specifically regarding the dimensions of a room. The builder argued that the owner had visited the site regularly and had implicitly accepted the work as it progressed, thereby waiving the right to claim non-conformity. The court ruled that acceptance of the work, even if tacitly expressed by the owner's silence or failure to object during construction, does not relieve the builder of their contractual obligation to deliver the work as specified in the contract documents, and thus the builder remained liable for the defects arising from non-conformity to the plans.
Regeste Legislator
Généré par l'IAOwner's Acceptance vs. Builder's Contractual Obligation on Construction Conformity: The builder argued that the owner had visited the site regularly and had implicitly accepted the work as it progressed, thereby waiving the right to claim non-conformity. The court ruled that acceptance of the work, even if tacitly expressed by the owner's silence or failure to object during construction, does not relieve the builder of their contractual obligation to deliver the work as specified in the contract documents, and thus the builder remained liable for the defects arising from non-conformity to the plans.