Practice Areas
Construction Law
Project Owners, Contractors: Secure Your Projects
Construction law in France is based on a specific liability regime, primarily governed by Articles 1792 and following of the Civil Code. This regime, which requires contractors to provide a ten-year warranty, protects project owners against defects that affect the structural integrity of the work or render it unfit for its intended purpose.
At BTK Suchet Avocats, we provide both advisory services—in the early stages of a project, during the drafting of contracts and agreements—and litigation services when defects, delays, or disputes arise. Our knowledge of French construction law and German practices in this area enables us to effectively advise stakeholders in cross-border projects.
Our Practice Areas in Construction Law
We handle the drafting and negotiation of construction contracts (private and public contracts, project management contracts, CCMI contracts), provide assistance with project acceptance and reservations, and conduct judicial and out-of-court expert assessments regarding construction defects, claims under the ten-year, two-year, and perfect completion warranties, disputes related to construction delays and penalties, construction insurance litigation (construction damage insurance, ten-year liability insurance), and urban planning law (building permits, authorizations).
Frequently Asked Questions : Construction Law
The ten-year warranty, provided for in Article 1792 of the Civil Code, requires any builder of a structure (contractor, architect, project manager) to repair any damage that compromises the structure’s soundness or renders it unfit for its intended purpose for a period of ten years from the date of acceptance. This liability is a matter of public policy; it cannot be waived by contract.
There are three types of warranties to distinguish: the warranty of perfect completion (one year after acceptance, Article 1792-6 of the Civil Code), the two-year warranty for separable equipment (two years, Article 1792-3), and the ten-year warranty (ten years, Article 1792). The choice of legal action depends on the nature of the defect found and the time that has elapsed since acceptance.
Public works contracts are subject to the Public Procurement Code and require competitive bidding procedures. Private contracts are governed by the Civil Code and, for construction projects, by the NF P 03-001 standard. Liability and insurance provisions apply in both cases, but the dispute resolution mechanisms differ.
Yes, pursuant to Article L. 242-1 of the Insurance Code, the project owner must purchase construction liability insurance before construction begins. This insurance allows for rapid pre-financing of repair work, without having to wait for a court to determine liability.