Risk relating to ground conditions under French and English law

Virginie Colaiuta

RISK RELATING TO GROUND CONDITIONS UNDER FRENCH AND ENGLISH LAW

by VIRGINIE COLAIUTA Partner, LMS Legal LLP

A mandatory principle defining the liability of a contractor derives from Article 1792 of the French Civil Code, which provides that:

‘Any builder of a construction is liable as of right, towards the building’s owner or purchaser, for damages, even resulting from a defect of the ground, which imperil the stability of the building or which, by affecting it in one of its constituent parts or one of its equipment items, render it unsuitable for its purposes. Such liability does not take place where the builder proves that the damages were occasioned by an extraneous event.’ (emphasis added)

Accordingly, ground conditions do not constitute a basis for exonerating the contractor from liability within the circumstances expressly defined in Article 1792 of the French Civil Code. Article 1792 indirectly implies that surveys and studies are done in relation to the ground conditions so that the construction is solid and fit for purpose. Even when the contractor is not responsible for the design of the construction, it must ensure that the stability of the construction is not imperilled by the ground conditions. Otherwise, the contractor may be held liable under Article 1792.

However, the contractor will not be liable for defects resulting from ground conditions if the burden to conduct a ground survey was expressly allocated to the project owner.

This article was first published in Construction Law International, Volume 16, Issue 1, March 2021.
conarb

conarb

Leave a Reply

Get blog posts in your inbox

To keep up with the latest developments in Africa please subscribe to our Blog

Editorial
Our blog is managed under the guidance of Africa Construction Law Advisory Board who serve as editorial advisors. We welcome contributions from lawyers and non-lawyers.
General Editor
Reindorf Jodie
Reindorf Jodie

Associate, Freshfields Bruckhaus Deringer LLP, UAE

Regional Editors

Should you wish to contribute to the ACL Blog, please send your article to aclblog@africaconstructionlaw.org and a member of our editorial team will get in touch with you. You can find our editorial guidelines here.
Recent Posts

Sign up for our Newsletter

Our leading industry blog keeps you up to speed on the latest practice and legal developments in the field of construction law across the African continent.