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.
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.
Abandoned building site: What is it?
Abandoned worksites are characterised by the interruption of work by the company in charge, without valid justification and without the agreement of the project owner. This interruption generally causes material and financial damage to the project owner.
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 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.
Me Zakine can help you deal with the issue of abandoned building sites, so that you can protect your rights and best defend your interests.
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.
Possible consultation 45€/ 30 min by phone for a first consultation