{"id":61867,"date":"2023-08-16T20:54:01","date_gmt":"2023-08-16T18:54:01","guid":{"rendered":"https:\/\/www.cecile-zakine.fr\/?page_id=61867"},"modified":"2024-08-04T01:17:02","modified_gmt":"2024-08-03T23:17:02","slug":"les-9-choses-a-savoir-sur-le-contrat-de-construction-de-maison-individuelle-ccmi-et-comment-en-eviter-les-pieges-conseils-de-me-zakine-avocat-en-droit-immobilier-et-de-la-construction","status":"publish","type":"page","link":"https:\/\/www.cecile-zakine.fr\/en\/les-9-choses-a-savoir-sur-le-contrat-de-construction-de-maison-individuelle-ccmi-et-comment-en-eviter-les-pieges-conseils-de-me-zakine-avocat-en-droit-immobilier-et-de-la-construction\/","title":{"rendered":"The 9 things to know about the Individual House Construction Contract (CCMI) and how to avoid the pitfalls Advice from Me Zakine, Lawyer in Real Estate and Construction Law"},"content":{"rendered":"
<\/p>\n
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).<\/p>\n
The CCMI is a regulated contract that 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<\/a> (the customer). A descriptive notice is attached to this contract. This may be a CCMI<\/a> with or without provision of plan.<\/p>\n The CCMI<\/a> includes several guarantees intended to protect the client during and after construction. The builder must subscribe to different types of insurance.<\/p>\n With a CCMI, the manufacturer has 3 main obligations:<\/p>\n The CCMI must mention a firm and final price. Payment terms are strictly regulated by law.<\/p>\n Payment for construction is made following calls for funds sent once each stage of construction is completed.<\/p>\n The contract may provide for price revision conditions, but they are strictly regulated by law.<\/p>\n The price revision must not be abusive and create an imbalance between the customer and the manufacturer.<\/p>\n 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.<\/p>\n This may involve late payment penalties, an interim procedure to lift reservations or, more seriously, action in the event of absence of compulsory insurance.<\/p>\n Be careful to check the manufacturer's reputation, reliability and solvency.<\/p>\n 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.<\/p>\n The CCMI is very regulated, which limits the flexibility of the project.<\/p>\n 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.<\/p>\n <\/p>\n The trap<\/em>: Thinking that we can do without legal advice.<\/p>\n Mr. Zakine's advice: Consult a lawyer specializing in construction law<\/a> 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.<\/p>\n2. Existing guarantees within the framework of a CCMI<\/strong><\/h2>\n
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3. The builder's obligations towards the client, project owner<\/strong><\/h2>\n
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4. The fixed price and payment terms<\/strong><\/h2>\n
5. Price revision<\/strong><\/h2>\n
6. Non-compliance with the CCMI: the sanctions provided for<\/strong><\/h2>\n
7. The fundamental choice of the manufacturer<\/strong><\/h2>\n
8. The advantages of using the CCMI<\/strong><\/h2>\n
9. Possible disadvantages<\/strong><\/h2>\n
Advice from Me Zakine, Lawyer at the Grasse Bar\u00a0<\/strong><\/h1>\n
1. Careful reading of the contract<\/h6>\n
2. verification of insurance taken out by the manufacturer<\/h6>\n
3. A price that is too low can be tricky<\/h6>\n
4. Search for unfair CCMI clauses<\/h6>\n
5. Do not accept amendments intended to increase the initial price of the CCMI<\/h6>\n
6. Closely monitor the construction site without forgetting that the builder is in charge of the construction site<\/h6>\n
7. Keep a written record of all exchanges and do not hesitate to send a letter of formal notice with acknowledgment of receipt<\/h6>\n
8. Call a lawyer to avoid wasting time and money when the situation is already complex<\/h6>\n