The clause providing that the architect

This decision sheds important light on your property law. Here is what it means for you.

The situation

A clause providing that the architect may not be held liable either jointly or in solidum for faults committed by other participants in the project does not limit the architect's liability, who is obliged to make good the consequences of their own fault, if necessary in solidum with other constructors. It cannot have the effect of reducing the project owner's right to compensation against the architect when their fault contributed to the occurrence of the entire damage. The Court of Appeal, by limiting the architect and their insurer's obligation to compensate to a fraction of the damages, holding that the solidarity exclusion clause is only deprived of effect in the event of gross negligence and that the architect is only liable up to the contributory share of their fault in the occurrence of the damage, whereas it follows from its findings that the architect's fault is at the origin of the entire damage, violated article 1147 of the Civil Code, in its version prior to that resulting from Ordinance No. 2016-131 of 10 February 2016.

What the law says

This decision confirms the fundamental principles of property law.

Key points

• Strictly observe the legal time limits for appeals
• Keep all your supporting documents (title deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

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