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
History
-
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 2025Publications
A couple had a house built and entrusted the structural work to a constructio...
-
Contractual and tort liability: the limits of the project owner's direct action in tort in the face of contractual prescription?
Published on : 16/01/2025 16 January Jan 01 2025ActualitésPublications
While the project owner can sue builders under contract and, in the alternati... -
Defective photovoltaic panels: what are the limits for warranties for companies in liquidation?
Published on : 07/01/2025 07 January Jan 01 2025ActualitésPublications
The question of insurance cover raises complex issues, particularly in terms... -
Sub-contracting in maritime transport: quasi-delictual action excluded
Published on : 03/01/2025 03 January Jan 01 2025ActualitésPublications
In the field of maritime transport, Article L. 5422-19 of the French Transpor... -
Defective health products: The nature of the causal link
Published on : 06/12/2024 06 December Dec 12 2024ActualitésPublications
Article 1245-8 of the French Civil Code provides that, in the field of extra-... -
New article ‘High risks for German insurers in the event of direct action by France'
Published on : 23/05/2024 23 May May 05 2024PublicationsPublications / Florian ENDRÖSCommunication
We are very pleased to present the new article ‘High risks for German insurer...