The completion of the work not being

Application pratique:

This case law confirms that a court can fix the date of acceptance (réception) at the time of the expert's report, not completion of works. Sophie should submit the expert's report to the insurer and, if refused, seek a court order to declare judicial acceptance at the date of that report. This compels the insurer to cover the defects, as they fall within the builder's decennial liability policy. She must act within the statutory limitation period from that judicial acceptance date to preserve her rights.

Application pratique:

Leveraging this case law, Jean can petition the court to set the acceptance date at the expert's report date. Once judicial acceptance is declared, the insurer must remedy the defects under the decennial liability cover, as the report proves they were present at that date. He should immediately gather all correspondence, the expert's report, and proof of notification to the insurer, then instruct a solicitor to file for judicial acceptance without delay to avoid time-barring.

Application pratique:

Under this decision, the syndic can ask the court to fix judicial acceptance of the common areas at the date of the expert's report. This triggers the builder's insurer's duty to cover the defects. The syndic should pass a resolution at the next general meeting to authorise legal action, then present the expert's report as evidence of acceptance. Prompt action is vital: once judicial acceptance is set, the ten-year guarantee period runs from that date, so any delay risks forfeiting coverage.