Maître Cécile Zakine · Lawyer in Antibes

5 tips for dealing with abandoned building sites by Me Zakine, lawyer in Manosque

Uncategorized Aug. 20, 2023 8 min read

When faced with site abandonment, a real headache in the construction industry, protecting your interests requires a thorough knowledge of the appropriate legal remedies. Here are the five essential points for dealing with this delicate situation and safeguarding your rights.

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Site abandonment is one of the most difficult situations for a project owner to understand and manage. Whether it's a residential construction project, a commercial project or a renovation project, being faced with an interrupted worksite can have serious financial and legal consequences, and the best strategy needs to be adopted to deal with the situation. In this context, calling on the services of a lawyer specialising in construction law is essential to avoid mistakes and to obtain the best possible advice and support, so that the difficulties do not get any worse.

The Abandonment of Construction site: What is it?

The abandonment of construction site is characterized by the interruption of work by the company in charge, without valid justification and without the agreement of the project owner. This interruption generally results in material and financial losses for the latter.

1. Identify abandoned building sites as quickly as possible

Slowing down, sporadic visits to the site, blackmail for calls for funds, partial or total abandonment - these are just some of the (non-exhaustive) cases of site abandonment.

2. Examine the clauses of the contract you have signed

Everything must be set out in the contract. That's why we advise you to avoid any problems by checking all the clauses of the contract before you sign it, and sometimes to call in a real estate lawyer. It is essential to review the terms of the contract in detail to identify specific provisions relating to deadlines, delays, penalties and termination conditions. The clauses relating to insurance and guarantees in the event of site abandonment should also be studied in detail. Check that the contractor has provided you with a ten-year insurance certificate.

3. Send the contractor a registered letter with acknowledgement of receipt

In the event of suspected abandonment, it is crucial to formally notify the contractor in writing, in accordance with legal procedures. This notification must clearly state the delays observed, the problems encountered and the expectations for resumption of the work. This step marks the beginning and the proof of the abandonment of the worksite. To be even more rigorous, have a bailiff's report drawn up, which you can enclose with your letter.

4. Attempt to resolve the dispute amicably 

Before taking tougher legal action, it may be a good idea to explore the options of negotiation and mediation to avoid lengthy litigation, which sometimes requires a court hearing.

5. Take the case to court if you are unsuccessful 

If negotiation and mediation efforts do not produce satisfactory results, consider taking the matter to court. You may have options such as terminating the contract, hiring another company to complete the work, or taking the contractor to court for breach of contract and claiming damages. In such cases, it is imperative to consult a lawyer specialised in real estate law in Cannes to get the right advice and adopt the best strategy.

In conclusion, facing a abandonment of construction site in Lille requires a thorough understanding of real estate law and rigorous strategic planning.

In short, dealing with a construction site abandonment requires vigilance and insight. By arming yourself with these five key points, you will be able to skillfully navigate this complex context and best protect your rights. If necessary, consult a lawyer specializing in construction law, guaranteeing tailor-made expertise and advice adapted to your specific situation.

Me Zakine accompanies you on the question of abandonment of construction site to protect your rights and best defend your interests

Ms Zakine can meet you in person or by videoconference to advise you on the steps to take in this type of situation.

 

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Frequently asked questions

How to prove abandonment of a construction site?

Note the prolonged absence of the contractor, the cessation of work, and the lack of resumption after notice. Have a bailiff's report made and gather evidence (photos, letters). A lawyer will help you characterize the abandonment and initiate proceedings.

Can I terminate the construction contract in case of site abandonment?

Yes, you can request judicial termination of the contract for non-performance. You must first put the contractor on notice to resume work. In case of failure, refer the matter to court. The lawyer will assist you in the proceedings to obtain damages.

What are the deadlines to act in case of abandonment of works?

Act quickly: as soon as the abandonment is noted, send a formal notice. The statute of limitations for contractual action is 5 years from the abandonment. For warranties (ten-year, two-year), the deadlines are shorter. Consult a lawyer without delay.

What to do if the contractor abandons the site and no longer responds?

Send a formal notice by registered letter with AR. If no response, refer the matter to the judicial court for termination and compensation. You can also call on your damage insurance for defects. A lawyer will guide you through the steps.

What are the costs for managing an abandoned construction site with a lawyer?

Fees depend on complexity: consultation (€200-€400), formal notice (€100-€200), judicial procedure (flat fee of €1,500-€3,000 or time-based). Some lawyers offer a success fee. Request a detailed quote.

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About Cécile Zakine

Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation

About the author: Maître Cécile Zakine

<b>Lawyer in Antibes, registered with the Grasse Bar</b>. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. <a href="https://www.cecile-zakine.fr/contact-devis/"><b> Do not hesitate to contact the lawyer in Antibes: Maitre Zakine.</a> </b> or to <b><a href="https://www.cecile-zakine.fr/prise-de-rendez-vous-lavocat-antibes-zakine-contentieux/"> make an appointment online for a consultation.</a></b>
<a href="https://calendly.com/maitre-zakine/consultation-telephone"> Possible consultation<b> 45€/ 30 min by phone for a first consultation</a></b>

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Fabien Liegeois
Fabien Liegeois
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Excellent solicitor whom I highly recommend. She resolved a very complex matter for me involving a co-ownership association and its managing agent, with a clear strategy. After consulting with numerous solicitors without result, she was the only one who truly took the time to analyse the situation in depth and build a genuine strategy. Responsive, rigorous and very committed, you can trust her implicitly. Thank you Maître Zakine.
Ghazal Jaber
Ghazal Jaber
1774978602
I recommend Master Cécile ZAKINE for any real estate law matter. She accompanied me in a dispute against my property developer with professionalism. Throughout the proceedings, she provided me with detailed explanations at each stage, allowing me to fully understand the progress of my case. Her responsiveness was much appreciated, responding quickly to my questions, which was very reassuring during this stressful period. I also appreciated her regular follow-up with appropriate updates without having to constantly request them.
Ghyslaine Pansier
Ghyslaine Pansier
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Thank you Master for these clear explanations. Your analysis and your professionalism. I strongly recommend
Aurelie Munier
Aurelie Munier
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I asked Master Zakine to support me with questions in real estate law. I was particularly satisfied with her responsiveness and her advice. I highly recommend her!
Corinne Khoury
Corinne Khoury
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One can only underline the seriousness and professionalism with which she carries out her mission, Master Zakine Cecile demonstrates great legal rigour, a fine analytical capacity and a strategic sense that inspires confidence. Always attentive, she knows how to translate sometimes complex situations into clear and effective solutions; her commitment, her availability and her tenacity demonstrate that she does not merely defend: she truly supports; her work combines competence, humanity and determination, all qualities that make the difference and deserve to be recognised.
F et C Durietz
F et C Durietz
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The best for managing real estate law!!!! Thank you so much for curing my financial cancer faced with corrupt banks! My life is becoming normal again thanks to you
Franklin
Franklin
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Master Zakine is the only lawyer to have won in civil court in the Apollonia case. This case involving more than a thousand victims, more than a thousand ongoing proceedings!!!! This lawyer listened to me with such empathy, professionalism, expertise!! Throughout the proceedings, Master Zakine thwarted all obstacles in our path and was able to plead my case with such sincerity! All aspects of my case were mastered by this lawyer. No hesitation, she is the lawyer you need in real estate law!
Jo Jo
Jo Jo
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Hello new client and very good she provides telephone appointments given Master's availability unlike some who tell you they'll call back and don't 😉
Giovanni DIMA
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SEVERINE BOURGEOIS
SEVERINE BOURGEOIS
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Very good consultation with Ms. Zakine. Thank you very much for your advice which we will apply. Your explanations were very clear. Very pleasant person. I recommend
Benj Benj
Benj Benj
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I strongly recommend Master Zakine who was able to provide me with her expertise and clear advice regarding the resolution of my dispute. She demonstrated professionalism and rigour, promptness in her analysis of the situation, as well as a great capacity for listening and empathy.
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Cristiana Luciani
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Consulted for advice on VEFA. Master Zakine was a valuable source of information for me. She was also very responsive and available in our exchanges
Laurent Paule
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I made an appointment with Maître Zakine for a 1-hour consultation in his office. I needed clarification regarding a dispute with my trustee. Punctual and courteous, Maître Zakine took my problem into consideration and proved to be very professional, giving me excellent advice. I initially thought that we would have covered the issue in half an hour; but the hour ultimately passed quickly. To be recommended without reservation.
Bastien TOURBEAUX
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Maître Zakine is very professional. I recommend this person to help you with your legal appeals.
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paolo costa
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Efficient service, fast and concrete communication. Serious, kind and helpful professional. Very positive experience!!
Emmanuel Baudino
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Master Céline Zakine was very efficient, her sound advice was very useful to me and I thank her for her benevolent support, her empathy and her professionalism.
Cyril Soulier
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Very good lawyer gives the best advice in any situation! Moreover, we can say that he is a pugnacious lawyer! Thank you for accompanying me during my dispute!
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