Contractual Waiver of Damages for Delay Upheld Against Contractor Fault Claim
France (FR)
Synthèse Legislator
Généré par l'IAA party, having entered into a contract that included a clause waiving all claims for damages related to the delay in the completion of work, subsequently sued for damages resulting from such a delay, arguing that the clause was null because it purported to waive liability for a fault attributable to the contractor. The court rejected the appeal, reasoning that a contractual waiver of liability for damages due to delay, even if the delay is caused by the contractor's fault, is valid unless the fault rises to the level of gross negligence or willful misconduct, which was not established here, as a simple delay does not automatically imply a fault so grave as to void a voluntarily accepted contractual limitation.
Regeste Legislator
Généré par l'IAContractual Waiver of Damages for Delay Upheld Against Contractor Fault Claim: The court rejected the appeal, reasoning that a contractual waiver of liability for damages due to delay, even if the delay is caused by the contractor's fault, is valid unless the fault rises to the level of gross negligence or willful misconduct, which was not established here, as a simple delay does not automatically imply a fault so grave as to void a voluntarily accepted contractual limitation.