The indemnity of the property developer in the action for recovery. Commentary on the Judgment of the Supreme Court (First Chamber) of November 28, 2016

Abstract

The system of joint and several liability for construction defects established in the external relationship between the owner and the building agents is different from the system of joint and several liability in the internal relationship of such agents to each other. This distinction is made clear in the case of the property developer who was not directly involved in the origin of the damage, who must respond in full to the injured owner, but may later be indemnified in his relationship with the other building agents. The recent judgment of the Supreme Court of November 28, 2016 addresses this issue, and overrules the controversial judgment of the same Chamber of March 13, 2007, which had raised doubts regarding the operation of passive joint and several liability in the action for recovery.