Public works and joint and several liability (in solidum)

F… and Mr and Mrs C… appealed after the administrative court refused to hold a municipality and company S. jointly and severally liable for damage to the party wall of their plot. The Versailles Administrative Court of Appeal recalls that third parties harmed by damage caused by a contractor during public works may claim compensation from the contractor, from the public authority that owns the works, or from both jointly and severally. In this case, the damage (damp, mould) resulted from the works carried out by company S. on the municipal wall. Consequently, holding the municipality and company S. jointly and severally liable to compensate the losses is justified. (CE, 2 May 2024, req. no. 21VE01543).

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