Confirmation of case law concerning work on existing structures: Installation of a wood-burning stove: no construction work, no ten-year guarantee
Published on :
11/02/2025
11
February
Feb
02
2025
A couple had a house built and entrusted the structural work to a construction company and the roofing to a craftsman, both insured with the same insurer. In 2010, they had a wood-burning stove installed by a specialised company, also covered by another insurer. In December 2012, a fire broke out in the house, leading the couple's home insurer to compensate for the damage before taking action against the insurers of the companies involved.
The Court of Appeal held the insurers jointly liable, considering that the installation of the stove was covered by a works contract and that the ten-year guarantee applied, since the damage had rendered the work unfit for its intended purpose. It also rejected the argument based on legal certainty, ruling that the evolution of case law did not confer an acquired right to a previous solution.
The Court of Cassation partially overturned this decision. It considered that the installation of the stove did not constitute a construction project within the meaning of the Civil Code and therefore did not fall under the ten-year guarantee. Consequently, it annulled the conviction of the insurer of the company that installed the stove, as well as the sums charged to it for costs and expenses.
Source: www.legifrance.gouv.fr
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