المسؤولية العشرية لمقاول البناء في التشريع الجزائري

Abstract EN

Special provisions in terms of responsibility have been decided on an exceptional basis.

for this, the legislator specified with accuracy the scope of its application, whether in terms of individuals, actions, or damages.

then, he decided that the final acceptance of work is the starting point for this responsibility.

the perception that the legislator wants to achieve through this strictness is probably to urge and press contractors and other workers in the field of construction to be extremely careful while carrying out the works entrusted to them by the employer.

this should be based on the binding contract agreement, previously established between them, in order to realize a sound and solid construction that is free from defects.

furthermore, behind this report about professional responsibility, the legislator aims at protecting the interests of employers and owners of buildings, and even the beneficiaries of buildings and facilities in general, against all risks that could arise from professional negligence considering the seriousness of this type of contracting.

it is also worth mentioning that it is not possible to detect defects in a building or to know beforehand what could happen in the future, as it is difficult to check and confirm the civil liability elements after a long period.

in this case, the victim has full rights to claim compensation for loss.