The architect does not lose site supervision

Application pratique:

Under this French Supreme Court decision (cc, 25 October 1977, no. 76-10.847), the architect does not lose site supervision duties simply because works are subcontracted. You should gather all contracts, invoices, site meeting minutes, and correspondence. Send a formal notice to the architect citing this case, demanding remediation of the defects. If no response, engage a bailiff (huissier) to officially record the leaks, and file a claim within the 10-year decennial liability period (garantie décennale).

Application pratique:

This case law confirms that the architect retains full site supervision obligations even when parts of the works are subcontracted. Before signing the deed of sale, request copies of the architect's site supervision reports for all subcontractor work. At handover, record every defect in the official acceptance report (procès-verbal de réception). Keep all documents, including emails and photos. If defects appear after handover, you can claim against the architect within the legal warranty periods (1 year for perfect completion, 2 years for equipment, 10 years for structural issues).

Application pratique:

This decision establishes that the architect cannot avoid site supervision because works were subcontracted. As a co-owner, you can formally demand that the architect attend all site meetings, inspect the subcontractor's work, and produce written supervision reports. Keep minutes of co-ownership meetings and all correspondence with the architect. If problems arise, act within the 10-year decennial liability period and consider a preventive consultation with a property lawyer to clarify obligations before litigation.