When the building works technique

Application pratique:

Under the decennial liability principle in the 2000 Cour de Cassation ruling, the contractor's mandatory insurer must cover repairs to both the new and original parts of the building because the faulty technique caused damage to the entire structure. The landlord should immediately notify the contractor and their insurer in writing, attaching a structural engineer's report detailing the link between the technique and the damage. If the insurer refuses, the landlord can invoke this judgment to compel full coverage.

Application pratique:

Because the waterproofing defect in the extension is a decennial fault and it has progressively damaged the original structure, the 2000 ruling confirms that the builder's liability insurer must pay for restoring the entire property to its pre-damage state. The buyers should lodge a claim with the insurer, supported by a professional diagnostic report and photos, referencing this case law to insist on full indemnification. If no response within 60 days, they may need to take legal action within the 10-year liability period.

Application pratique:

The co-owners' association (syndicat) can rely on the 2000 Cassation decision: the contractor's decennial insurance must cover the cost of rectifying damage to both the new roof works and the pre-existing common parts affected by the same technical fault. The syndic should immediately call a general meeting to authorise expert assessment and legal action, then serve formal notice on the insurer with the ruling as precedent. Preserving evidence and acting within the 10-year guarantee period is essential to secure full compensation.