A Legal Action May Be Brought

Application pratique:

This case law makes clear that the two-year limitation period for the builder’s claim against his insurer started when the homeowner filed the counterclaim (April 2023), not at the court judgment. The builder should have notified his insurer immediately upon receiving the counterclaim to avoid time-bar. Always inform your insurer as soon as a defect counterclaim is raised, even if liability is not yet decided.

Application pratique:

The decision confirms the insurer’s liability is triggered by the counterclaim date, not the judgment. The homeowner should ensure the counterclaim is formally recorded and dated, as this locks in the insurer’s obligation. Here, because the counterclaim was in February 2023, the insurer remains liable even if the contractor notified them later, provided it was within two years of February 2023. Homeowners should keep proof of when they made the counterclaim.

Application pratique:

Under this case law, the builder's right to insurance coverage expired two years after the counterclaim (June 2023). Before buying a renovated property, always ask if there were any defect claims or legal actions against the builder, and verify that the insurer was notified in time. Otherwise, you may be left without recourse for latent defects. In this scenario, the landlord's only remedy is against the builder directly, who may lack funds.