Result obligation of the subcontractor: outlines, limits, and case law

Subcontracting: the obligation to achieve results at the heart of contractual responsibility

In a judgment of October 9, 2025 (Court of Cassation, 3rd Civil Chamber, No. 23-23.924) The Court of Cassation firmly recalls a well-established principle: The subcontractor must ensure that the work entrusted to them is carried out entirely in accordance with the expectations and commitments made to the main contractor. This means that as soon as a problem is identified, the subcontractor is presumed to be liable, unless they can prove that the problem was caused by an external factor.

"The subcontractor is held, with respect to the main company, to an obligation of result implying a presumption of fault and causality from which it cannot exempt itself, totally or partially, except by demonstrating the existence of an external cause."

In this case, the Court criticized the Montpellier Court of Appeal, which had rejected the main company's compensation claim on the grounds that no causal link had been proven. However, the mere existence of disorder is sufficient to engage the subcontractor's responsibility, unless proven otherwise by them.

The Court of Appeal of Chambéry (April 15, 2025, RG 23/00014) also emphasized an important distinction. The subcontractor is contractually responsible towards the main company (obligation of result) but is tortiously responsible towards the client, in case of proven fault.

In short, the main contractor remains liable for the faults of its subcontractors vis-à-vis the client, but it can take action against them on contractual grounds. This logic is consistent in case law: the contractor The principal is responsible for the faults of its subcontractors towards the client, even without personal fault (Court of Cassation, 3rd Civil Chamber, January 18, 2024). The subcontractor has an obligation of result towards the main contractor, without it being necessary to prove intentional fault (CA Rennes, February 23, 2023).

This obligation also applies to second-tier subcontractors (Court of Cassation, 3rd Civil Chamber, March 30, 2023). The subcontractor may also have their tort liability engaged directly by the principal, but they are not subject to the legal guarantees of articles 1792 and following (Court of Appeal of Versailles, December 5, 2022). Finally, no liability can be held if the damage occurs after the termination of the subcontractor's insurance contract (Court of Cassation, 3rd Civil Chamber, June 6, 2024).

Also note : the subcontractor has a duty to provide advice in their field of expertise. They must alert the main company in case of any anomalies or deficiencies in the contractual documents (Court of Cassation, 3rd Civil Chamber, November 10, 2021).

Result obligation of the subcontractor: a questionable presumption

Even if the obligation to achieve a result is strict, it is not absolute. The subcontractor may be released from liability by proving an external cause.

For example : the fault of the project owner may constitute grounds for exemption. In a ruling dated March 4, 2021 (Court of Cassation, 3rd Civil Chamber, No. 19-23.502), the Court held that the project owner, a professional, had contributed to the damage by failing to raise any objections to non-compliant technical documents.

The subcontractor is not responsible for disorders caused by third parties or by the main contractor himself (Cass. 3rd civ., July 13, 2017, No. 16-18.136). Finally, a non-conformity must be proven to engage the subcontractor's liability. Otherwise, no fault can be attributed to him (Cass. 3rd civ., March 5, 2020, No. 18-26.584).

In summary : the subcontractor's responsibility is presumed in case of disorder, but they can be exempted if they demonstrate an external cause, a fault of the client, or an external intervention.