Judicial Reorganisation Procedure

Application pratique:

Because the builder is under judicial reorganisation, Claire can now exercise a direct action against the builder's insurer on appeal, even though she didn't claim against the insurer at the first trial. She should immediately gather the builder's insurance details from the building contract or planning documents and instruct her lawyer to file an appeal naming the insurer as a new party. This allows her to secure full compensation without relying on the insolvent builder.

Application pratique:

Marc can now file an appeal to bring the contractor's insurer into the proceedings via a direct action, leveraging the rule that the judicial reorganisation is a new development allowing fresh claims on appeal. He should obtain a copy of the contractor's insurance certificate—often required in commercial renovation contracts—and file the appeal within one month of the reorganisation judgment being published. This step bypasses the insolvent contractor and targets the insurer's payment obligation.

Application pratique:

Under the case law, the syndicate can now demand payment directly from the developer's insurer on appeal, arguing that the judicial reorganisation constitutes a game-changing development. The syndicate should urgently commission a legal review of the original building insurance policy, often filed with the notary at purchase, and lodge an appeal with the insurer as respondent. This action ensures the co-owners are not left shouldering the repair costs themselves.