The Builder is, Notwithstanding the Ten-Year Limitation Period, Contractually Liable for Fraudulent Fault

Application pratique:

This ruling allows you to sue the builder beyond the usual ten-year limit if you can prove deliberate concealment. Gather any evidence showing the builder knew of the defect (e.g. sub-contractor emails, photographs before covering up, or inspection reports). Commission an independent expert to confirm the intentional nature of the fault. Then instruct a solicitor to issue proceedings, citing the 2018 Court of Cassation decision, to recover your repair costs.

Application pratique:

Fraudulent concealment extends the builder’s liability indefinitely. You must show the builder intentionally misrepresented the ground conditions. Obtain the original soil report and compare it with a new geotechnical survey to highlight discrepancies. Keep your purchase deed and all correspondence. Contact a property litigation lawyer promptly to bring a claim based on this precise case law, ensuring you act before further deterioration increases costs.

Application pratique:

The builder’s fraudulent fault (knowingly hiding a defect) permits legal action outside the ten-year decennial period. The co-owner association should immediately secure all original site reports and any builder correspondence that suggests awareness. Interview residents or workers who may have witnessed the concealment. Then, through your syndic, instruct a lawyer to launch proceedings, relying on the principle that deliberate fraud waives the limitation period, as confirmed in this 2018 ruling.