Dealing with defects on a renovation site: a 5-point in-depth legal approach - Me Cécile ZAKINE Avocat à Antibes

La rénovation d’un bien immobilier est souvent l’occasion de redonner vie à un espace, d’améliorer son confort ou sa valeur. Toutefois, le processus peut parfois être entravé par des malfaçons. Ces désordres, loin d’être de simples désagréments, peuvent engendrer des conflits importants entre le maître d’ouvrage et le maître d’œuvre. À travers cet article, nous aborderons cinq points juridiques cruciaux à considérer lorsqu’on est confronté à des malfaçons, à l’instar d’un avocat docteur en droit de la construction.

1. Identification and legal recognition of defective workmanship

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.

has. The nature of disorder

Pour qu’un défaut soit qualifié de malfaçon, il faut qu’il :

• Is contrary to contractual stipulations.
• Makes the work unfit for its intended purpose.
• Poses a potential danger to occupants.

b. The importance of documentation

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.

2. The ten-year guarantee and other guarantees

French law provides several guarantees to protect the project owner against poor workmanship.

has. The ten-year guarantee

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.

b. The two-year guarantee

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.

vs. The guarantee of perfect completion

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.

3. The formal notice: first step towards resolution

Before any legal action, the formal notice serves to officially notify the company of the defects noted.

has. The content of the formal notice

It must include:

• A detailed description of the defects.
• The legal bases on which the project owner relies.
• A reasonable period of time given to the company to remedy defects.

b. The effects of the formal notice

The formal notice often allows the situation to be resolved amicably. However, it is also the first official step before possible litigation.

4. Judicial expertise: assessing and quantifying the damage

Expertise is often necessary to determine the origin, nature and extent of the defects, as well as to quantify the damage.

has. Appointment of the expert

The expert is generally appointed by a judge, unless amicably agreed between the parties for a private expertise.

b. The scope of expertise

Judicial expertise has a strong probative value. It is essential to determine responsibilities and assess possible compensation.

5. Judicial procedure: the ultimate recourse

If negotiations fail, the dispute can be taken to court.

has. The choice of jurisdiction

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.

b. Representation by a lawyer

L’assistance d’un avocat est indispensable. Il assure la défense des intérêts du maître d’ouvrage, présente les arguments juridiques, et pilote la stratégie judiciaire.

vs. Possible outcomes of the dispute

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.

Conclusion

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.

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, PerpignanToulouse, Bezons, Villepinte, Pontoise, Rennes).