(Nullity of) stipulated joint and several liability between contractor and architect vis-à-vis a property developer: some reservations in the light of established cassation case-law

Private Construction Law

Since 2014, it has been settled case-law in cassation[1] that a contractual clause under which the architect, in the event of a concurrent fault with the contractor, owes compensation to the principal only for his own share in the creation of the damage is contrary to public policy.

24 January 2023