Architects who, under the terms of their contract, are specifically tasked with ensuring strict compliance with construction contracts, are liable to the employer for non-conformities they failed to report to him at handover.

Application pratique:

Under this case law, the architect is liable for failing to report these non-conformities. The couple should gather evidence (contract, plans, handover report) and formally notify the architect in writing, demanding compensation for correction costs. If unresolved, they can take legal action within the standard limitation period, typically five years from handover.

Application pratique:

This decision confirms the architect's liability for unreported non-conformities. The developer should obtain an independent expert report to quantify the defect and its impact, then pursue the architect for direct repair costs and potentially consequential losses like delayed sales. Acting promptly is essential to respect the five-year liability window from handover.

Application pratique:

The architect's failure to report this non-conformity triggers liability per the precedent. The syndicate should immediately send a recorded delivery letter outlining the issue and requesting rectification. If the architect disputes liability, they can litigate, using the decision to establish fault. Retaining all contracts, meeting minutes, and the handover report is critical for evidence.