Does not give a legal basis to its

Application pratique:

Under this case law, the contractor may be liable for failing to warn Emma of the design error, despite following the architect’s plans, if a professional in their field ought to have noticed the flaw. She should immediately gather all plans, contracts, and correspondence, obtain an independent expert report, and put the contractor on formal notice of the defect. Emma can then seek damages for repair costs and related losses, ideally through negotiation or, if necessary, court proceedings.

Application pratique:

The ruling establishes that a contractor has a duty to alert the client to obvious design flaws, even when simply following plans. Jean should send a recorded‑delivery letter detailing the problem, arrange a joint expert assessment, and preserve all technical drawings and invoices. If the contractor refuses to accept responsibility, Jean can issue proceedings for breach of the duty to warn, claiming the cost of remedial works and lost rent, within the ten‑year liability period for major works.

Application pratique:

Based on this precedent, the contractor may still be liable because their professional expertise should have questioned the durability of the specified glass. The condominium board should immediately cordon off affected balconies, hire an independent safety engineer to document the defect, and instruct their solicitor to put both architect and contractor on notice. They can then pursue a claim against the contractor for failing to warn of the foreseeable risk, seeking recovery of all repair and safety compliance costs.