ten years of insurance protection

As soon as a construction professional intervenes on a construction site (construction or renovation), he assumes his responsibility towards the client. The Spinetta Act established an obligation for any developer or service provider associated with a project owner to take out 10-year liability insurance, commonly called ten-year insurance for construction professionals. The lack of this protection would condemn him in the event of a claim to finance the repair costs from his own money.

Ten years of insurance and concerned professionals

All construction professionals must take out a 10-year insurance policy*, whether they are tradesmen, company, project manager, engineer, architect, technical inspector, land survey office, etc., except for subcontractors who have no connection with the client. In short, any builder who has intervened in the construction of a structure. In fact, this 10-year guarantee relates to the repair obligation under the Civil Code, for any builder of work for the benefit of an owner. This assumes responsibility for 10 years from acceptance of the site. All manufacturers are required to take out a 10-year liability insurance to cover themselves against the damages covered by the 10-year warranty, and in particular any repair costs. (Article L. 241-1 of the Insurance Act).

Damages covered by the ten-year insurance agreement

The 10-year guarantee covers damage to the construction work (roof, framework, walls, foundations, etc.), the finishing work (carpentry, electricity, etc.) and equipment that is inseparable from the work. The 10-year insurance covers the stakeholders’ work for 10 years, to the extent that the builder must repair the damage affecting the work (component elements or equipment) or its solidity (viability, foundation, frame, enclosure or cover).
In other words, anything that is inseparable from the work or separable but which makes it unsuitable for its intended purpose. Any owner of a structure or buyer (individual, developer, SCI, etc.) is thus protected for 10 years from acceptance of the work.

Damage therefore relates to anything that compromises the solidity or purpose of the construction (cracks, waterproofing, landslides, etc.), apart from damage of an aesthetic nature.

Why cover yourself with decennial liability insurance (RCD)

Any builder, regardless of whether he is a construction professional in a micro-enterprise, SARL, EURL or other) is automatically liable to the builder. To guarantee this liability, he must take out a ten-year liability insurance from the start of his business. In practice, he gives the client the certificate for his ten-year liability insurance agreement, which, if necessary, undertakes the compensation for the damage. The price of the ten-year insurance depends on the guarantees contained in the insurance contract (professional liability insurance, excess in case of damage, occupation to be guaranteed) and the subscriber’s business experience, his previous loss experience, the development of his activity in terms of turnover and employees, etc. , the region where the projects are carried out, etc.

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