Decennial Liability in Construction Contracts According to the Provisions of the Libyan Civil Code

Abstract

The ten-year liability, also known as decennial liability in building construction contracts, represents an exception to the general rule that unconditional acceptance terminates the contractor’s responsibility. This liability serves as a guarantee in favor of the project owner in cases of defective construction works, whereby the engineer or contractor is obliged to ensure the structural soundness of the building for a period of ten years. The Libyan legislator has established a special, exceptional form of liability in the field of construction, characterized by strictness consistent with the inherent risks of buildings and other permanent structures. This rigor stems from the severe consequences of total or partial collapse, or the emergence of serious defects that endanger the safety, stability, or fitness of the building for its intended purpose, causing potential harm to the national economy. This exceptional form of liability, specific to the construction sector, is referred to as decennial liability (the ten-year warranty). Under this liability, the project owner or building owner retains the right, after taking delivery of the structure, to pursue claims against the contractor or design engineer within ten years from the date of delivery, for any hidden defects that could not have been detected during acceptance but become apparent later.