Article 1792-6 of the Civil Code provides that the guarantee of perfect completion to which the contractor is bound during the period of one year from receipt extends to the repair of all disorders reported by the contracting authority, either by means of reservations mentioned in the acceptance report, or by written notification for those revealed after receipt.
It is also established that, in order to interrupt this foreclosure period, it is necessary, in the absence of lifting of the reservations, to summon the manufacturer before the expiry of this period of one year.
However, by a End of July 13, 2023, the 3th Civil Chamber recalls that this summons can in no way replace the written notification that the contracting authority must send to the builder, even if the summons lists the reservations that remain to be raised.
It is therefore imperative to notify reservations before assigning, otherwise the guarantee of perfect completion cannot be guaranteed.
However, the manufacturer remains bound by its contractual liability, but this requires proof of fault and damage in connection with this fault.
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