The Court does not give reasons for its decision

Application pratique:

This case shows courts may impose liability even without explicit direction. The developer should ensure contracts clearly state the subcontractor has full responsibility for safety and direction. Keep all safety plans, delegation letters, and site meeting minutes. If prosecuted, appeal promptly and provide evidence of delegation.

Application pratique:

The decision indicates informal involvement can be seen as retaining direction. Landlords should avoid giving direct orders to workers and instead communicate only with the contractor's manager. Document all instructions in writing and ensure the contractor's safety plan is on file. Seek legal advice before starting works to define roles.

Application pratique:

This case law warns that even partial involvement can blur responsibility. Co-owners should leave all instructions to the syndic and only vote on decisions at general meetings. Keep minutes of meetings and any emails to prove non-interference. If accused, gather evidence that the contractor was under the syndic's sole direction.