A project owner cannot,

Application pratique:

Under the 2018 Court of Cassation ruling, Sophie cannot hold the builder responsible for the fire, as the defective wiring was done by a third party she engaged. To avoid such issues, always ensure any work originally in the builder's scope is performed by them, or get written consent to modify the contract. Keep all contracts and correspondence as proof of who did what.

Application pratique:

Because Marc brought in his own plumber for work that was part of the builder's contract, the builder is not liable for the resulting damage, per the ruling. To protect yourself, avoid splitting work packages without the builder's agreement and updated contract terms. Document any changes in writing, and confirm insurance coverage before permitting third-party works.

Application pratique:

The syndic's original contractor cannot be held liable for the painting defect because the work was performed by a third party hired by the co-owners, following the Cassation decision. Co-owners must not unilaterally hire other trades for common area works; any changes should go through the syndic and be properly contracted. This prevents disputes and ensures liability remains clear.