In order to build your house, renovate your bathroom or install new flooring, you have decided to call in a professional.

Unfortunately, satisfaction is not at the rendezvous and, upon acceptance of the work or after the fact, you have the unpleasant surprise to note one or more defects of conformity: repeated breakdowns, cracks in the structural work, leaks in the plumbing system, defective elements, water infiltration ...

However, the entrepreneur is legally bound by an obligation of result, and must therefore repair the problems arising from faulty performance and their consequences.

Here are the steps to take if you notice poor workmanship on the work carried out by a craftsman.

The different guarantees

According to the Civil Code, the contractor in charge of the work is required to repair any damage that may arise from a site, whether he is directly responsible or has called on a subcontractor for certain tasks. These damages, if they are apparent, must be noted and duly mentioned in writing upon acceptance of the work in a report. A step that should not be neglected under any circumstances and for which you can request the assistance of your architect if it is a large-scale project such as the construction of a building or an extension.

However, if you notice any defects after receipt of the work, you benefit from several construction guarantees. Valid one year after the end of the work, the guarantee of perfect completion covers the defects resulting from an execution badly carried out or not in conformity with what was envisaged in the contract, that they are of an aesthetic or structural nature, to the except normal wear and tear due to use. In the event of a problem concerning equipment independent of the building (shutters, windows, taps, radiators, wall coverings, etc.), you can also invoke the two-year guarantee of proper functioning for two years. Finally, the ten-year guarantee covers, for ten years, all major damage related to the structural work and which compromises the solidity of the construction or renders it unfit for its intended purpose.

Amicable remedies

During the construction or upon acceptance of the work, you noted several apparent defects.

These must be immediately reported to the contractor, either verbally or in writing in the acceptance report signed on completion of the site or in a registered letter with acknowledgment of receipt.

Ask the craftsman to act within a specific time frame, reminding him of the defects observed and his legal obligations.

If you have not yet paid for all the work, withhold part of the balance and set it aside with a bailiff or a notary, who will return it to the contractor once the work is properly completed.

Recourse to a third party

If the craftsman does not intervene within the set deadlines, you can call in a conciliator, in order to find a compromise.

The latter can come to the site to observe the damage and agree on a solution during a meeting between you and the contractor.

If an agreement is reached, it will be put in writing and each party will keep a copy.

Note that this intervention is free and that the conciliator does not have any binding power, even if a judge can, subsequently, give enforceability to the signed agreement.

Another possibility: ask for help from a consumer association or a union of building professionals to play the role of intermediary.

Legal remedies

Despite your reminders and your steps, the conciliation did not succeed and the entrepreneur refuses to intervene? Going to court is then your last option. When the amount of the claims is less than or equal to 10,000 euros, it is the local court (former district court) which has jurisdiction. The presence of a lawyer is therefore not compulsory. But be careful, as soon as the dispute does not exceed 5,000 euros, an attempt at mediation or prior conciliation is imperative before referring the matter to the judge. In this case, a simple request written on plain paper or using the form available on Service-public.fr is sufficient, knowing that if the decision does not suit you, you will only have the recourse in cassation to try to to succeed.

Beyond 5,000 euros, it will be necessary to proceed by summons issued by a judicial officer or, in agreement with your opponent, by joint request indicating your points of agreement and disagreement, always before the local court.

It is only beyond 10,000 euros of application that you will have to go to the judicial court (former tribunal de grande instance) and hire a lawyer to represent you.

In the event of an unfavorable decision, an appeal will then be possible.

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For more information, you can visit the website of the National Agency for Housing Information at www.anil.org.

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