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Information pages– Insurance

In our experience rarely do English speaking customers ask about insurance and take it for granted that the builder they use are in fact properly insured. However, insurance for a builder is not obligatory here in France, so make sure your builder is well insured for all aspects of their work and ask for a copy of their Decennial insurance certificate and make sure your work being carried out is properly covered and insured. If in doubt ask your home insurer to review their Decennial policy or if you do not understand it, ask for it to be translated by a professional translator.

Further, the client is not aware that it is in fact their responsibility to fulfil their obligations where insurance is concerned – and in this case ignorance is no defence in the eyes of the law.

The cost of insurance in the construction industry here in France is generally substantial especially when both the client and the design and construction team provide cover. All responsibilities except penal responsibility are insurable and generally the insurance companies of the parties concerned settle disputes

The Spinetta law of 1978 requires all parties to the construction process to take up the appropriate insurance policy before construction begins; if an architect is employed it is their responsibility to ensure that the client, the contractors, the subcontractors and the suppliers are all properly insured.

The client (maître d'ouvrage) is required to insure against decennial responsibility and a policy known as Dommage Ouvrage or DO (insurance for client) provides such cover. It is provided on a project basis. By law, no limit can be attached to this type of policy, so that they will always be able to obtain the necessary funds to complete the project. Its purpose is to finance any essential work prior to apportionment of responsibility. Any defective work is reinstated immediately, and then the claim is settled between the insurance companies of the parties concerned.

Note: 

Client insurance (DO) is obligatory under law (loi 78.12 du 4 janvier 1978). Prior to the undertaking of any construction work it is essential that owners are fully aware of their liabilities regarding insurance cover if it is not taken out

Ensure your contractors are insured for the specific work they are due to commence