Does Not Reverse the Burden of Proof

This decision sheds important light on your property rights. Here is what it changes for you.

The situation

A court of appeal does not reverse the burden of proof where it holds that the project owner, who sought termination of the construction contract, did not establish that, at the time of the calls for funds, the state of progress of the works authorised it to defer payments, and that, in the absence of payment, the builder could suspend its work.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

• Strictly comply with the statutory time limits for appeals
• Keep all your supporting documents (title deeds, deeds, correspondence)
• Plan ahead: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.