Contractor Liability for Failure to Verify Ground Stability
France (FR)
Synthèse Legislator
Généré par l'IAA construction company, contracting to build a structure, was found liable for damages after the work was halted due to the discovery of unstable ground, which was later revealed to be a fact known or knowable by the contractor prior to signing the agreement. The court of cassation overturned the lower court's decision, reasoning that the contractor, as a professional, bore the obligation to verify the stability of the ground necessary for the execution of the work and could not subsequently use a latent defect, which should have been discovered through due diligence, to justify the termination of the contract and claim damages from the client.
Regeste Legislator
Généré par l'IAContractor Liability for Failure to Verify Ground Stability: The court of cassation overturned the lower court's decision, reasoning that the contractor, as a professional, bore the obligation to verify the stability of the ground necessary for the execution of the work and could not subsequently use a latent defect, which should have been discovered through due diligence, to justify the termination of the contract and claim damages from the client.