The renovation of a property is often an opportunity to breathe new life into a space, to improve its comfort or its value. However, the process can sometimes be hampered by poor workmanship. These disorders, far from being simple inconveniences, can cause significant conflicts between the client and the project manager. Through this article, we will address five crucial legal points to consider when faced with poor workmanship, like a lawyer with a doctorate in construction law.
1. Identification and legal recognition of defective workmanship
Poor workmanship, in the construction industry, refers to any defect, defect or non-compliance appearing after work has been carried out. Its legal recognition is the trigger for any management process.
has. The nature of disorder
For a defect to be classified as poor workmanship, it must:
- Is contrary to contractual stipulations.
- Makes the work unfit for its intended purpose.
- Poses a potential danger to occupants.
b. The importance of documentation
It is essential to document defects with photos, testimonials, and ideally, with a bailiff's report. This provides a tangible basis during negotiations or possible litigation.
2. The ten-year guarantee and other guarantees
French law provides several guarantees to protect the project owner against poor workmanship.
has. The ten-year guarantee
Listed in article 1792 of the Civil Code, it covers damage which compromises the solidity of the work or renders it unfit for its intended purpose for a period of ten years from receipt of the work.
b. The two-year guarantee
Also called a guarantee of proper functioning, it concerns equipment that can be dissociated from the work. It offers coverage for two years from receipt of the work.
vs. The guarantee of perfect completion
Valid for one year after receipt of the work, it obliges the contractor to repair all defects reported by the project owner, whether apparent or revealed subsequently.
3. The formal notice: first step towards resolution
Before any legal action, the formal notice serves to officially notify the company of the defects noted.
has. The content of the formal notice
It must include:
- A detailed description of the defects.
- The legal bases on which the project owner relies.
- A reasonable period of time given to the company to remedy defects.
b. The effects of the formal notice
The formal notice often allows the situation to be resolved amicably. However, it is also the first official step before possible litigation.
4. Judicial expertise: assessing and quantifying the damage
Expertise is often necessary to determine the origin, nature and extent of the defects, as well as to quantify the damage.
has. Appointment of the expert
The expert is generally appointed by a judge, unless amicably agreed between the parties for a private expertise.
b. The scope of expertise
Judicial expertise has a strong probative value. It is essential to determine responsibilities and assess possible compensation.
5. Judicial procedure: the ultimate recourse
If negotiations fail, the dispute can be taken to court.
has. The choice of jurisdiction
Depending on the nature of the contract and the amount of the dispute, the project owner can refer the matter either to the local court or to the judicial court.
b. Representation by a lawyer
The assistance of a lawyer is essential. He ensures the defense of the interests of the project owner, presents the legal arguments, and manages the legal strategy.
vs. Possible outcomes of the dispute
A judgment can order repair of defects, compensation to the project owner, or even termination of the contract. It is also possible that the judge will reject the requests if they are deemed unfounded.
Managing defects on a renovation site requires a rigorous and structured approach. Knowledge of legal mechanisms, documentation of disorders, and the assistance of a specialized lawyer are essential to effectively defend one's rights and obtain compensation.
The Lawyer must appear as an available interlocutor and answer the client's questions throughout the processing of the file. The firm operates in the Alpes Maritimes region (Antibes, Cannes Grasse, Nice) but also throughout France (Bordeaux, Lyon, Marseille, Paris, Paris region, Strasbourg, Nantes, Nancy, PerpignanToulouse, Bezons, Villepinte, Pontoise, Rennes).
Lawyer in Antibes, registered at the Bar of Grasse. 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.
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