Title VIII: Leasing contracts

If, in the case of the preceding article, the thing perishes, albeit without any fault on the part of the workman, before the work has been received and without the master having been given notice to check it, the workman has no wages to claim, unless the thing perished through the defect of the material.

If the work is made up of several parts or by measure, the verification may be done by parts: it is deemed to be done for all the parts paid for, if the master pays the workman in proportion to the work done.

Every builder of a work is liable as of right, to the master or purchaser of the work, for damage, even resulting from a defect in the ground, which compromises the solidity of the work or which, affecting it in one of its constituent elements or one of its items of equipment, renders it unfit for its intended purpose. Such liability does not arise if the builder proves that the…

The following are deemed to be builders of the work: 1° Any architect, contractor, technician or other person bound to the owner of the work by a contract for the hire of work; 2° Any person who sells, after completion, a work that he has built or had built; 3° Any person who, although acting as agent for the owner of the work, performs a task similar to that of…

The presumption of liability established by article 1792 also extends to damage that affects the solidity of the equipment elements of a structure, but only when these form an indivisible whole with the viability, foundation, framework, enclosed or covered structures. An item of equipment is considered to form an inseparable part of one of the viability, foundation, framework, enclosure or roof structures when it cannot be removed, dismantled or replaced…

The other items of equipment in the building are covered by a guarantee of good working order for a minimum of two years from the date of acceptance.

The manufacturer of a work, part of a work or item of equipment designed and produced to satisfy, in service condition, precise and predetermined requirements, is jointly and severally liable for the obligations laid down by Articles 1792, 1792-2 and 1792-3 at the expense of the lessor of the work who has installed, without modification and in accordance with the rules laid down by the manufacturer, the work, part of…

Any natural or legal person who may be held liable under articles 1792 to 1792-4 of this code is discharged from the liabilities and guarantees incumbent on it, pursuant to articles 1792 to 1792-2, after ten years from acceptance of the works or, pursuant to Article 1792-3, on expiry of the period referred to in that article.

Liability actions brought against a subcontractor due to damage affecting a work or items of equipment of a work mentioned in articles 1792 and 1792-2 are prescribed by ten years from acceptance of the work and, for damage affecting those items of equipment of the work mentioned in article 1792-3, by two years from that same acceptance.

In addition to actions governed by articles 1792-3, 1792-4-1 and 1792-4-2, liability actions directed against builders designated in articles 1792 and 1792-1 and their subcontractors lapse after ten years from acceptance of the works.