The action of the project owner, whose

This decision provides important insight into your property law. Here is what it changes for you.

The situation

The action of the project owner, whose property is the source of neighbourhood disturbances, against the contractor who caused them, when it is not established that this owner was subrogated after payment to the rights of the victim neighbour, is based on ordinary contractual liability. Accordingly, a Court of Appeal fails to provide a legal basis for its decision with regard to Article 1134 of the Civil Code when, in order to reject the claim brought against its insurer by a contractor ordered to indemnify the project owner held required to remedy the disturbance suffered by a neighbour, it holds that the insurance contract excludes the consequences of contractual obligations to which the contractor would not have been subject under statutory provisions and that this contractor, by acknowledging, through the application of the special administrative clauses, responsibility for any damage caused to neighbouring properties, had contracted contractual obligations exceeding the statutory provisions, while refusing to examine whether the contractor had not committed faults which could have resulted for him in an identical judgment on the basis of ordinary contractual liability.

What the law says

This decision confirms the fundamental principles of property law.

Key takeaways

• Strictly comply with statutory time limits for appeals
• Keep all your supporting documents (deeds, instruments, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.