What are the possibilities of exonerating the project manager?
A community of municipalities has entrusted a group with the project management of the construction of a water and leisure center including a "river with buoys". The community of communes was informed before the receipt of the book of the existence of malfunctions and dangerousness for its users of the "river buoys" making it impossible to use the book but still received the work without reservation
Rule n ° 1:
The sole circumstance that the client is aware of the disorders affecting the structure prior to its receipt can not exonerate the supervisor from his duty to advise during the reception operations of the latter.
Rule n ° 2:
In the event that the failure of the main contractor to his duty to advise is not the cause of the damage, the responsibility of the contractor for his duty to advise can not be engaged.
Rule n ° 3:
The particularly serious imprudence of the client who, despite his knowledge of the disorders affecting the work, pronounces the final acceptance of it allows to dismiss the responsibility of the contractor.