Article | REF: C69 V2

Judiciary Expertise: Filing a Report and Follow-ups

Author: Bernard-Michel BLOCH

Publication date: November 10, 2022 | Lire en français

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    3. Impact of contracts signed between the parties

    There may be a risk that a legal expert's report will be useless, due to clauses in signed contracts, particularly works contracts. This pitfall may affect both the contractor and the client, whether the legal expertise is in progress or has been concluded with a report.

    3.1 At the contractor's expense

    • Existence of liability transfer clauses in works contracts

      Since contracts are the law of the parties (according to article 1103 of the French Civil Code: "Legally formed contracts take the place of the law of those who have made them"), in relationships between professionals, liability transfer clauses may be included that aggravate the contractor's obligations, leaving him solely responsible for repairing damage...

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