The tacit acceptance of a building work cannot be established when the owner of the work disputes the quality of the work carried out.
3rd Civ, 09/16/21, n°20-12.372
The Court of Cassation reaffirms that the tacit acceptance of a real estate work cannot be established when the owner of the work disputes the quality of the work carried out.
Tacit acceptance presupposes that the clear and unequivocal will of the contracting authority to accept the work delivered has been demonstrated. This is the case when he takes possession of the work and/or pays the balance of the market price.
However, the contracting authority, who criticizes the quality of the work, who refuses to pay the balance of the work due to poor workmanship and/or who issues a summons for expert advice, expresses his desire not to receive the work.
The judgment of September 16, 2021 recalls that:
Disputing the work makes it impossible to recognize tacit acceptance, even if the client has paid part of the amount of the contract.
The issue of this recognition lies in particular in the area of the manufacturer's liability.
In the absence of acceptance, only the manufacturer's common law liability may be sought and not the ten-year guarantee provided for by article 1792 of the Civil Code with the limitation periods attached to each liability regime.
