Manufacturer’s liability and nature of defects with a ten-year warranty

The facts : The owner is renovating his building, which he subdivided and sold in installments in a future state of completion. Log in ka not implementing the manufacturer’s insurance policy. After taking over, the association of co-owners of the building is suing the owner and his insurer for repairs of various defects. The owner, who was found fully liable, appealed to the Court of Cassation to obtain a guarantee from his insurer.

Decision : To dismiss the claims brought against the seller’s ten-year liability insurer for a stormwater drainage problem, the Court of Appeal held that the defects compromised the destination and the strength of the work, but that due to a lack of rainwater drainage and not poor workmanship, they could not be covered by the ten-year warranty. This disorder excludes from the scope of Article 1792 of the Civil Code, on which the ten-year warranty obligation is based.

Comment : The Court of Cassation condemns this opinion: “After stating that these disturbances threatened the determination and strength of the work, but did not result from poor execution, the Court of Appeal added a condition to the law that it does not understand and violates Articles 1792 of the Civil Code and L. 241. -1 of the Insurance Code ยป. Therefore, the warranty of the owner’s insurer could not be rejected.

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