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Cold equipment installers: between ten-year guarantee and contractual disputes

Published

10 April 2025

Read time

2 minutes

What is the work qualification for refrigeration equipment?

Two recent rulings provide conflicting answers:

  • Case law, 3rd civil chamber, December 17, 2020 (No. 19-14.374) : A refrigeration plant consisting of cold chambers and compressors is not a structure within the meaning of article 1792 of the Civil Code.
  • Court of Cassation, 3rd Civil Chamber, February 13, 2020 (No. 19-10.249) A refrigeration system can be considered a work if it is fully integrated into the main work and necessary for its use.

The problem raised The application of the ten-year warranty to refrigeration installations must be analyzed on a case-by-case basis.

Public markets and professional equipment

The decision of the Council of State of June 5, 2023 (No. 461341) excludes the application of Article 1792-7 of the Civil Code in public procurement.

Contrary to private law, equipment exclusively intended for professional activities can benefit from the ten-year guarantee in public contracts.

Issue raised: A distinction between private law and public markets.

Payment of maintenance providers: exception of non-performance and services rendered

The decision of January 28, 2025 (CAA Nantes, No. 23NT03584) settles A dispute over the refusal to pay a maintenance provider for lack of service rendered. The municipality contested the bill of an air conditioning installer by invoking several reasons:

  • Failure to provide service: the planned compressor was not installed.
  • Failure to fulfill the duty of advice.
  • Runtime exception: the air conditioning was still malfunctioning after the intervention.

The Administrative Court of Appeal rejects these arguments and confirms the municipality's conviction to pay the bills by considering that:

  • The service was proven by intervention and expertise reports.
  • The exception of non-performance is not admissible if the ordered service has been properly carried out.
  • Disorders potentially fall under the ten-year warranty and not the responsibility of the maintainer.

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