Acceptance of Works Must Be Declared

Practical application:

This case law shows that continuing works with a second contractor does not imply acceptance of the first contractor's work. To protect yourself, always conduct a joint inspection (adversarial basis) with the contractor and sign a formal acceptance record, even for partial works. Without this, insurers may refuse to cover defects. If you have already taken over work without acceptance, gather any evidence of your intention to accept or reject, such as written complaints or payment records, and consider legal advice immediately.

Practical application:

When buying a property with recent or ongoing works, ensure you obtain all acceptance records from the seller. If none exist, you risk being unable to claim on insurance for defects in those works. Before purchase, request an adversarial inspection of the works with the contractors to formalise acceptance. This case clarifies that you cannot rely on implied acceptance; you need a clear record. If you've already bought, you may need to prove your own acceptance or lack thereof to insurers.

Practical application:

This decision highlights that even for large common area projects, acceptance must be formalised step by step. As a co-owner, insist that the syndic arranges formal acceptance inspections with each contractor before they leave the site. Without these records, your building's insurance may not cover defects. If your syndic has failed to do this, you may need to take collective action to regularise the situation and hold the syndic accountable. Keep all minutes of meetings where works were discussed as evidence of intentions.