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Renovating a property is often an opportunity to breathe new life into a space, improving its comfort or value. However, the process can sometimes be hampered by poor workmanship. These defects, far from being simple inconveniences, can lead to significant conflicts between the project owner and the project manager. In this article, we will address five crucial legal points to consider when faced with poor workmanship, such as a lawyer with a doctorate in construction law<\/a>.<\/p>\n 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.<\/p>\n For a defect is qualified as poor workmanship<\/a>, he must:<\/p>\n 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.<\/p>\n French law provides several guarantees to protect the project owner against poor workmanship.<\/p>\n 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.<\/p>\n 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.<\/p>\n 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.<\/p>\n Before any legal action, the formal notice serves to officially notify the company of the defects noted.<\/p>\n It must include:<\/p>\n The formal notice often allows the situation to be resolved amicably. However, it is also the first official step before possible litigation.<\/p>\n Expertise is often necessary to determine the origin, nature and extent of the defects, as well as to quantify the damage.<\/p>\n The expert is generally appointed by a judge, unless amicably agreed between the parties for a private expertise.<\/p>\n Judicial expertise has a strong probative value. It is essential to determine responsibilities and assess possible compensation.<\/p>\n If negotiations fail, the dispute can be taken to court.<\/p>\n 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.<\/p>\n The assistance of a lawyer is essential<\/a>He ensures the defense of the interests of the project owner, presents legal arguments, and manages the legal strategy.<\/p>\n 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.<\/p>\n Conclusion<\/strong><\/p>\n 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.<\/p>\n 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,\u00a0Perpignan<\/a>Toulouse, Bezons, Villepinte, Pontoise, Rennes).<\/p>","protected":false},"excerpt":{"rendered":" Renovating a property is often an opportunity to breathe new life into a space, improving its comfort or value. However, the process can sometimes be hampered by poor workmanship. These defects, far from being simple inconveniences, can lead to significant conflicts between the project owner and the project manager. In this article, we [\u2026]<\/p>","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_et_pb_use_builder":"","_et_pb_old_content":"","_et_gb_content_width":"","footnotes":""},"categories":[1],"tags":[],"class_list":["post-62798","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/posts\/62798","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/comments?post=62798"}],"version-history":[{"count":0,"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/posts\/62798\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/media?parent=62798"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/categories?post=62798"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.cecile-zakine.fr\/en\/wp-json\/wp\/v2\/tags?post=62798"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}1. Identification and legal recognition of defective workmanship<\/strong><\/h2>\n
has. The nature of disorder<\/strong><\/h3>\n
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b. The importance of documentation<\/strong><\/h3>\n
2. The ten-year guarantee and other guarantees<\/strong><\/h2>\n
has. The ten-year guarantee<\/strong><\/h3>\n
b. The two-year guarantee<\/strong><\/h3>\n
vs. The guarantee of perfect completion<\/strong><\/h3>\n
3. The formal notice: first step towards resolution<\/strong><\/h2>\n
has. The content of the formal notice<\/strong><\/h3>\n
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b. The effects of the formal notice<\/strong><\/h3>\n
4. Judicial expertise: assessing and quantifying the damage<\/strong><\/h2>\n
has. Appointment of the expert<\/strong><\/h3>\n
b. The scope of expertise<\/strong><\/h3>\n
5. Judicial procedure: the ultimate recourse<\/strong><\/h2>\n
has. The choice of jurisdiction<\/strong><\/h3>\n
b. Representation by a lawyer<\/strong><\/h3>\n
vs. Possible outcomes of the dispute<\/strong><\/h3>\n