The Fabrique brought an action against the architect, engineers, and general contractor for construction defects that led to the loss of the church's walls and dome.
The trial court held the action was prescribed under art. 2259 C.C. The Court of Appeal reversed in part, finding the architect liable but dismissing the action against the engineers and contractor.
The Supreme Court of Canada held that the action was not prescribed, as the defects appeared gradually, meaning the five-year prescription period began only after the initial five-year warranty period under art. 1688 C.C. The architect, engineers, and contractor were held jointly and severally liable for the walls, but only the architect was liable for the dome.
