Faced with the scourge of abandoned building sites, protecting your interests requires a thorough knowledge of the appropriate legal remedies. Here are the five essential points to help you deal with this delicate situation and protect your rights. Me Zakine, real estate and construction lawyer in La Ciotat and the Var department
I. SITE ABANDONMENT
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 cases (which are not exhaustive) in which a site may be abandoned.
2. Examine the clauses of the contract you have signed
Everything must be set out in the contract. That's why we're advising you to protect yourself against all kinds of risks. problem by checking all the clauses of the contract before signing it and sometimes calling in a property 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 seeking damages. In such cases, it is imperative to consult a lawyer specialising in property law in La Ciotat and the Var for get the right advice and adopt the best strategy.
In conclusion, dealing with an abandoned building site in La Ciotat and the Var requires an in-depth understanding of the droit immobilier et une planification stratégique rigoureuse.
In short, dealing with a construction site abandonment requires vigilance and insight. By arming yourself with these five key points, you will be able to skillfully navigate this complex context and best protect your rights. If necessary, consult a lawyer specialised in law construction, guaranteeing tailor-made expertise and advice adapted to your specific situation.
II. DEFECTS OR LATENT DEFECTS AFTER ACQUISITION
You've bought the house of your dreams or had it built.
But you discover defects when the house is delivered and the keys handed over. Or hidden defects appear when you move in after buying a house that has already been built and sold by a private party. These are known as hidden defects.
- The letter of formal notice: the perfect proof and the ideal weapon to put pressure on the seller or the company, especially when it is drafted by a lawyer: send a letter of formal notice with acknowledgement of receipt requesting that any reservations be remedied by carrying out remedial work, or requesting explanations in the case of hidden defects.
- Call in a expert lawyer in real estate and construction law to avoid making mistakes from the outset and to choose the right strategy.
- Call in a building expert but only if the expert report is contradictory, i.e. in the presence of the opposing party. Otherwise, it will have no value in court. You can call in an expert just to obtain his opinion, in the first instance, without the other party being informed.
- Judicial expertise: it may be necessary to call on the courts to appoint a judicial expert if the opposing party does not intend to conciliate or does not respond. The expert's report can be used to exert pressure and obtain compensation for damage or the removal of reservations.
- Claim damages in court: after the expert's report, you can claim damages in an action for liability for hidden defects.
The Cabinet Zakine vous accompagne sur la question de l’abandon de chantier or as part of an action for hidden defects in order to preserve your rights and best defend your interests