Maître Zakine, Doctor of Law
Real Estate and Construction Lawyer
A construction lawyer is a legal professional who specializes in matters related to the construction industry. Their expertise includes contracts, tendering processes, dispute resolution, insurance and liens. They provide advice and guidance to contractors, developers, engineers, lenders, architects and other stakeholders involved in construction projects. Construction lawyers also represent clients in court and arbitration proceedings, as well as in settlement negotiations. In addition, they can provide construction-related legal services to other lawyers or professionals who need assistance with their projects.
These lawyers usually have expertise in jurisdiction-specific construction laws, such as those governing public works. They are constantly aware of the latest trends in the sector and can propose practical solutions to disputes and other problems.
Construction lawyers play an essential role in ensuring that projects are completed on time and on budget, while safeguarding their clients' interests. As a construction lawyer in Lille, Cécile Zakine offers her skills and expertise to support players in the construction industry in this dynamic city.
With in-depth knowledge of the laws specific to the Lille region, it is able to provide legal advice tailored to each construction project, guaranteeing efficient and secure management of the process for its clients.
I. Which lawyer for of worksconstruction, renovation, VEFA ?
Carrying out renovation work, building a house (CCMI or not), repair work or work following serious problems (roofing, seepage, water damage, etc.) is an act that requires particular vigilance on the part of an individual consumer who is new to the subject.
The involvement of a lawyer, or at the very least the support of a lawyer or advice given in the context of a consultation, may prove essential if you are to know your rights from the moment you sign the estimate until the work is handed over (a crucial stage, the steps of which you should be aware).
The aim is to prevent any disputes that may arise during the construction or works phase, and to identify the means of action that should be taken in the event of difficulties. Before signing the individual building contract or a contractor's contract, the lawyer can check with the client that the contract signed complies with the clauses, deadlines, terms and conditions, etc...
The lawyer will also be able to advise you on the obligations of the builder or contractor: meeting deadlines, calls for funds, obligation to draw up amendments in the event of modifications or additional requests, obligation to accept the deposit of 5%s, etc. These are all questions that should alert the customer as soon as the contract is signed.
Property developers are companies that take charge of developing property projects, ranging from the construction of single-family homes under a CCMI to large flat blocks. They play a key role in the development of property projects, managing all stages of the process, from design to putting properties up for sale.
Masonry work is the construction of buildings using materials such as brick, concrete or stone. Property developers often use construction companies to carry out the masonry work required to build their projects.
The Code de construction de maison individuelle (CCMI) is a set of rules and standards that define the construction requirements for single-family houses. Developers must comply with this code to build homes that meet the required safety and quality standards.
A construction company is a company that specialises in building construction. Property developers often call on these companies to carry out the construction work on their projects. Construction companies can also manage the administrative and financial aspects of projects, working closely with property developers.
As part of the acceptance process, the construction lawyer explains to his client when the various warranties are activated:
Completion guarantee: 12 months
Biennial warranty: 2 years
Ten-year guarantee: 10 years
The lawyer also explains to his client the question of apparent defects, which must be the subject of reservations at the time of acceptance or within 8 days or less of the delivery of the goods or work.
The construction lawyer will also explain to his client that it is essential to be assisted by a bailiff and a building expert for the acceptance of the work.
The lawyer can intervene downstream to resolve a dispute with the construction professional amicably or through litigation:
Failure to remove any reservations within the one-year period covered by the completion guarantee: amicable agreement, followed by legal action if this fails,
Action for interim relief in the event of defects not remedied by the construction professional,
Letter of formal notice,
Setting up a damage assessment when there is a fear that the damage is of a ten-year nature,
Appearance of hidden defects: liability action: action to rescind the contract or reduce the price.
The lawyer in construction law then intervenes initially to try to find an amicable solution to the difficulties which arise.
Failing this, it will bring summary proceedings or actions on the merits to hold construction professionals liable on the basis of Article 1792 of the Civil Code, which states that :
" Tny builder of a work is automatically liable to the owner of the work.In the event of damage to the building or the purchaser of the building, even resulting from a ground defect, which compromises the solidity of the building or which, affecting one of its constituent parts or one of its equipment elements, renders it unfit for its intended use.
II. The most frequently asked questions :
- I want to undertake renovation work, what do I need to check in the quotation, the special conditions and the general conditions of sale?
- Can the builder change the price of my house?
- I am a victim of a building site abandonment? Is the Bailiff important? What are the necessary steps to resolve the situation?
- What do I need to know about the acceptance of a work or property?
- What should I do if the developer or builder refuses to allow me to make deposits and requires me to pay the balance even before acceptance? Can you help me explain to him that his attitude is contrary to the rules of law?
- The building site is not progressing and I can see many problems even without going near it. What should I do?
- The building company has been placed in receivership and the work has stopped. What should I do?
- I've learnt that the connection work is going to delay delivery of the building, even though I've read that the search for ways of connecting the EU, EP, electricity networks, etc. should be carried out before the building work begins and should be specified in the application for planning permission. What should I do in this situation?
- The builder is not answering me about the progress of the work and there is a 9 month delay, what should I do?
- The developer or builder is not responding to my letters of formal notice, can you take care of this?
- I want to cancel my CCMI, can I do so even if the withdrawal period has passed if the builder is acting in bad faith?
- I did not know that I could deposit the 5% and the developer refuses to remove the reservations found, can I take legal action?
- The work carried out to repair the seepage in the co-ownership building has not been able to put a permanent stop to it, and my flat is suffering the consequences. What should I do, as the Syndic is not replying to me? Can you send him a letter of formal notice? Is it possible to take legal action for an expert opinion?
- If the action for summary judgment highlights the inertia of the Syndicate and the Syndic, can they be held liable and awarded damages?
A a lawyer specialising in construction and town planning law, is generally involved in the following issues:
- Building permits,
- Challenging the refusal of planning permission,
- VEFA: reservation contract, deed of sale, delay, acceptance, reservations, non lifting of reservations
- CCMI: contract, construction monitoring, acceptance, reservations, non-removal of reservations
- Easements and rights of way,
- Encroachment: neighbourhood, neighbourhood dispute, demolition
- Joint ownership,
- Compliance with the co-ownership regulations,
- Compliance with the PLU by the builder or the individual who wishes to apply for a building permit,
- Sometimes requires compliance with the recommendations of the Architectes de Bâtiments de France
- Receiving a property and handing over the keys
- Delivery of an asset and deposit with the caisse des dépôts et consignation
- Insurance (ten-year guarantee, biennial guarantee or perfect completion guarantee),
- Syndicate of co-ownership,
- Water damage,
- Defects in a construction or work,
- Abandoned building site,
- Refusal to pay for the work: why?
- Heavy renovation
- Building standard
- Compliance with the DTU,
- Collaboration with the bailiff, accompaniment by a building expert,
- Assistance to amicable expertise,
- Judicial expertise, sometimes with the assistance of a sapiteur or technical advisor (sometimes in the person of a building expert),
- Action for hidden defects,
- Urgent action when urgent disorders and dangerousness: hour-by-hour summary proceedings
A lawyer specialising in construction law is very often a lawyer specialising in property law and deals with issues relating to :
- Real estate sales: hidden defects, preliminary sales agreement, deed of sale, withdrawal period, sequestration, pre-purchase appraisal etc. ....
Furthermore, given the complexity of this law, it is crucial to train throughout one's professional career and to attend training courses delivered by approved training centres.
For example, the Rencontres en droit de la construction, held every year in October in Aix-en-Provence, is a not-to-be-missed event that brings together lawyers specialising in construction law, judges specialising in construction law, university professors and experts.
Current issues are developed and an overview of the past year's case law is given, allowing the construction lawyer to keep up to date with all the legal and case law developments in this field.
ZAKINE can advise you on all matters relating to property law, town planning and construction law and co-ownership law, which frequently give rise to construction issues.