5 tips for dealing with abandoned building sites by Me Zakine, lawyer in Lille
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.
1. Identify abandoned building sites as quickly as possible
Slowdown, sporadic visits to the site, blackmail for calls for funds, partial or total abandonment such are the cases (non-exhaustive) which can present themselves as abandonment of site.
2. Examine the clauses of the contract you have signed
Everything must be written in the contract. This is why we advise you to protect yourself from any problems by checking all the clauses of the contract before signing it and sometimes calling on an real estate lawyer. It is imperative to carefully review the terms of the contract to identify specific provisions regarding deadlines, delays, penalties and termination conditions. The clauses relating to insurance and guarantees in the event of abandonment of the site must also be studied in detail. Check that the contractor has given you the 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 abandoned building sites requires vigilance and insight. By arming yourself with these five key points, you'll be able to navigate this complex situation skilfully and protect your rights as best you can. If you need help, consult a lawyer specialising in construction law, who can provide you with tailored expertise and advice tailored to your specific situation.
help you deal with the issue of abandoned building sites, so as to safeguard your rights and defend your interests as effectively as possible