The Individual Home Construction Contract (CCMI) is a legal system governing the construction of individual homes. This contract was designed to protect owners from the risks linked to construction faced by the builder (delays, poor workmanship, disorders, reservations, abandonment of the site or even insurance problems).
1. The CCMI definition
The CCMI is a regulated contract which governs the relationship between an individual wishing to build a house (called the project owner) and a builder. It guarantees a strict legal framework to secure the project owner (the client). A descriptive notice is attached to this contract. This may be a CCMI with or without provision of a plan.
2. Existing guarantees within the framework of a CCMI
The CCMI includes several guarantees intended to protect the client during and after construction. The builder must take out different types of insurance.
- Guaranteed delivery at agreed prices and deadlines : this ensures that the builder undertakes to deliver the house on time and at the agreed price.
- Guarantee of perfect completion : it covers any problems reported upon receipt or in the following year. These are reservations that must be lifted within 12 months of delivery of the house.
- Ten-year guarantee : it covers damage which compromises the solidity of the work for 10 years after receipt of the house.
- Guarantee of proper functioning : it covers the equipment elements separable from the construction for 2 years after acceptance.
3. The builder's obligations towards the client, project owner
With a CCMI, the manufacturer has 3 main obligations:
- Provide a plan of the house that will be built if the client requests it because it can also be a CCMI without providing a plan
- Provide a detailed descriptive notice of the work to be carried out, possibly excluding the work that the client wishes to undertake (and still quantify it)
- Obtain all necessary insurance and guarantees.
4. The fixed price and payment terms
The CCMI must mention a firm and final price. Payment terms are strictly regulated by law.
Payment for construction is made following calls for funds sent once each stage of construction is completed.
5. Price revision
The contract may provide for price revision conditions, but they are strictly regulated by law.
The price revision must not be abusive and create an imbalance between the customer and the manufacturer.
6. Non-compliance with the CCMI: the sanctions provided for
If the manufacturer does not respect its obligations (delay in delivery, poor workmanship, etc.), the CCMI provides for sanctions, which can go as far as termination of the contract at the fault of the manufacturer.
This may involve late payment penalties, an interim procedure to lift reservations or, more seriously, action in the event of absence of compulsory insurance.
7. The fundamental choice of the manufacturer
Be careful to check the manufacturer's reputation, reliability and solvency.
8. The advantages of using the CCMI
The main advantage of the CCMI is that it offers legal and financial security to the project owner. In particular, it guarantees a firm and definitive price and imposes guarantees on the manufacturer.
9. Possible disadvantages
The CCMI is very regulated, which limits the flexibility of the project.
However, the disadvantages appear: plan problems, missing elements in the descriptive notice, delay, abandonment of the site, lack of communication and information, supply difficulties, etc.
Advice from Me Zakine, Lawyer at the Grasse Bar
1. Careful reading of the contract
2. verification of insurance taken out by the manufacturer
3. A price that is too low can be tricky
4. Search for unfair CCMI clauses
5. Do not accept amendments intended to increase the initial price of the CCMI
6. Closely monitor the construction site without forgetting that the builder is in charge of the construction site
7. Keep a written record of all exchanges and do not hesitate to send a letter of formal notice with acknowledgment of receipt
8. Call a lawyer to avoid wasting time and money when the situation is already complex
The trap: Thinking that we can do without legal advice.
Mr. Zakine's advice: Consult a lawyer specializing in construction law can avoid a lot of inconvenience. He can advise you from the negotiation of the contract and represent you in the event of a dispute.
Building a house is a major project that requires careful preparation which should be carried out with the help of a lawyer, as emphasized by Me Zakine, lawyer in real estate law and construction law.
It is crucial to have support to prevent contentious situations even before the conflict arises, but when this is the case, calling on a lawyer quickly allows you to avoid errors and adopt the best possible strategy.