Homeowner v. Contractor: Scope of Ten-Year Construction Warranty

A homeowner sued a contractor for defects in construction work completed five years prior, alleging the contractor was liable under the ten-year warranty for defects that compromise the structure's stability or render it unfit for its intended purpose. The lower court dismissed the claim, finding the defects were not substantial enough to trigger the contractor's liability under the relevant article of the Civil Code as they related only to aesthetics and not structural integrity or habitability. The Court of Cassation quashed the lower court's decision, reasoning that the ten-year warranty provision applies broadly to any defect, even if minor, that renders the work unsuitable for its intended purpose, irrespective of whether it compromises the essential solidity of the construction, thereby remanding the case for reconsideration based on the broader interpretation of the warranty's scope.