Legal Terms Explained: Decennial Liability

Decennial liability is a statutory liability which typically allows building owners to recover damages for structural failures that threaten the stability and safety of a structure. It is a regime found in certain civil law jurisdictions, such as the UAE, France and Indonesia. There is no direct parallel under common law jurisdictions.

Nature of liability

As the name suggests, decennial liability usually extends for a period of 10 years after completion and is generally:

• Mandatory, i.e. it cannot be disapplied by the parties' agreement and applies even where the relevant construction contract is governed by the laws of a country that is different from that of the project location; and