By Editorial Val de Marne
Published on
May 3, 24 at 7:36
There administrative court of appeal of Paris agreed in principle with the insurer of the Plaine Centrale du Val-de-Marne agglomeration community, which still intends to claim 267,000 euros from the companies it deems responsible for the “disorders” of the National School of Music , dance and dramatic arts in Créteil (Val-de-Marne).
“Lack of sound insulation”, “water infiltration”
As a reminder, on April 19, 1994, the city signed a contract to build this school, now better known as conservatory with regional influence Marcel-Dadi. The “design” contract was therefore entrusted to a “solidarity group” led by the architectural firm Hesters Oyon (Paris, 20th), and “execution of the work” to a second group led by Bateg, a subsidiary of Vinci Construction specializing in “major works”.
There reception “with reservations” work was pronounced on July 3 1998before they are thereevées on March 6, 2000. But, during the same year, “disorders” appeared: a “lack of sound insulation of the acoustic doors” and “water infiltration” in the glass roof of the building was noted.
The agglomeration community of the Plaine Centrale – which now administers the Conservatory instead of the municipality – had therefore referred the matter to the administrative court of Melun in order to have an “assessment carried out”. The expert report was released on August 12, 2010: the expert had found ” orders “ on “the acoustic doors, the glass roof, the wooden cladding and the paintings of the auditorium”.
More than 230,000 euros recovery
In the meantime, the community’s insurance company, SMA, had been ordered to reimburse the urban community for the “recovery work” to the amount of 237,000 euros. The community had also been reimbursed nearly 7,000 euros including tax for “precautionary measures” and 24,000 euros including tax for “expertise costs”.
The insurer therefore subsequently turned to the holders of the two lots as well as the company Qualiconsult, responsible for the technical inspection of the work, to be reimbursed for these sums.
But, on March 9, 2021, the administrative court of Melun refused his request: the court considered that the conclusions of the insurer were brought “before a court without jurisdiction to hear them” and that the main request of the insurer was presented “by a society devoid of interest to act”.
In fact, the SMA had produced at first instance the “letter” addressed to the municipal treasury of Créteil on June 25, 2013, to which was attached “the copy of the check” for 267,000 euros corresponding to the “payment” of the sum to which she had been condemned by the administrative court of Melun, recalls the administrative court of appeal of Paris in a judgment dated February 13, 2024, which has just been made public.
But, in this case, the “documents” paid did not “establish that the sums in question had really been collected by the urban community”, the Melun administrative court estimated.
Case sent back to court
They therefore “rejected the inadmissible request” from SMA MA, considering that the insurer did not establish “having been subrogated to the rights of its insured” on the date the investigation was closed.
The fact remains that, then, the insurance company paid “the statement of its council’s Carpa account” showing that it had been debited, on July 1, 2013, “for the sums due to the local authority”. The insurance of the agglomeration community also produced “the certificate of the president of the territorial public establishment [EPT] Grand Paris Sud Est Avenir”, which confirms that this amount has indeed “been collected” by the Plaine Centrale du Val-de-Marne agglomeration community.
Ultimately, the latter’s insurer will therefore be able to turn against the companies in charge of the market. But the dispute is not yet resolved, far from it: the court simply “referred the case” to the administrative court of Melun so that it can be “ruled again”…
/CB (PressPepper)
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