RCD: TEN-YEAR CIVIL LIABILITY
What does the contract cover?
The contract guarantees repair of damage occurring on works carried out by the manufacturer or in which he participated.
This is damage affecting the structure in its solidity and making it unfit for its intended purpose. It meets the insurance obligation and the presumption of liability which weigh on manufacturers, in accordance with the so-called “SPINETTA” law of January 4, 1978.
The insurance contract therefore allows manufacturers to cover their ten-year liability vis-à-vis vis-à-vis the project owner and successive owners for a period of ten years after receipt of the work in which they participated.
Who should subscribe?
All project builders are concerned (Art. L241-1 of the Insurance Code):
- Building craftsman, Entrepreneur, Self-employed entrepreneur, and other work landlords
- Construction company
- General Building Company
- General Contractor
- Builder of wooden frame house
Scenarios in which we can intervene by subscribing to a ten-year RC whatever the field of activity (intellectual profession or not).
- Acceptance of business creations
- Without insurance since the creation of the company
- Auto entrepreneur
- Micro business accepted
- Terminated for disaster
- Terminated for non-payment
- In receivership
Why subscribe?
To meet the obligation imposed on builders to take out this insurance when they carry out works (except those defined in article L243-1-1 of the Insurance Code).
To protect against any request for compensation for damage of a ten-year nature. This request can be made during the 10 years following receipt of the work by:
- the project owner or successive purchasers;
- the structure damage insurer who has recourse against the liability insurer, in order to
to obtain reimbursement for what he paid to the project owner.
When to subscribe?
Ten-year Liability insurance must be taken out from the start of the activity of the Company, craftsman or company or failing that before the opening of the construction site on behalf of third parties (generally before the Declaration of Opening of Construction Site (DOC) .
What does the mandatory warranty cover?
It covers over a period of 10 years, disorders which compromise the solidity of the structure, make it unfit for its intended purpose, affect the solidity of the equipment elements forming part of the viability, foundation, framework, enclosed and covered.
What do the additional guarantees cover?
Collapse before delivery coverage:
It covers material damage resulting from a collapse or threat of collapse affecting the insured's work.
The guarantee of proper functioning:
This is the two-year guarantee owed to the project owner for the equipment elements.
The existing guarantee:
It covers damage that may occur to rehabilitated pre-existing constructions and occurring during the ten-year period.
The non-material damage guarantee:
It covers the financial consequences suffered by the purchasers or occupants of the work following material damage guaranteed by the contract.