Contractor Not Liable for Subcontractor Delay Without Explicit Risk Assumption
France (FR)
Synthèse Legislator
Généré par l'IAA party who was obliged under a contract to execute certain work could not be held liable for breach of contract based on delays attributed to external circumstances, specifically the failure of a third-party subcontractor to perform its obligations, when the contract did not explicitly stipulate that the party bore the risk of such failures, and the court ruled that the obligor was only responsible for its own fault and not the fault of independent contractors it engaged, leading to the dismissal of the claim for breach due to these external delays.
Regeste Legislator
Généré par l'IAContractor Not Liable for Subcontractor Delay Without Explicit Risk Assumption: A party who was obliged under a contract to execute certain work could not be held liable for breach of contract based on delays attributed to external circumstances, specifically the failure of a third-party subcontractor to perform its obligations, when the contract did not explicitly stipulate that the party bore the risk of such failures, and the court ruled that the obligor was only responsible for its own fault and not the fault of independent contractors it engaged, leading to the dismissal of the claim for breach due to these external delays.