Reference decision: cc • N° 90-11.513 • 1992-04-23 • View decision →
This decision sheds important light on your property law. Here is what it changes for you.
The situation
A subcontractor who has not been accepted and whose payment terms have not been approved by the project owner cannot rely on the subcontract to obtain payment for his work while rejecting it to evade his obligations. Consequently, a decision allowing a main contractor, sued for payment by his subcontractor, to rely on the subcontract to counterclaim for delay penalties and the cost of defects is legally justified.
What the law says
This decision confirms the fundamental principles of property law.
Key points to remember
- Strictly comply with the statutory time limits for appeal
- Keep all your supporting documents (title deeds, deeds, correspondence)
- Anticipate: preventive advice is always cheaper than litigation
For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.
📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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