Abandonment of building site: You have work done on your property but, after being late, the workers leave the building site and don't come back? And yet, you have already paid all or part of the amount of the work? The contractor doesn't answer or makes promises he doesn't keep? You find yourself in a property that has become uninhabitable, a construction that is not finished? We tell you what to do in case of abandonment!

 What is abandonment of work?

Abandonment of a building site is deemed to have taken place if there is an unjustified interruption and an abnormally long duration of the work. Thus, unless you obtain acceptable explanations from the company (force majeure, fortuitous event, bad weather, etc.) you have various recourse against the defaulting contractor.

What precautions to take?

The bailiff's report 

Before committing anything, it is advisable to have a Statement of Offence drawn up by a bailiff. This document will make it possible to attest on the one hand, the non execution of the work, but also the progress of the building site, the possible faults and the absence of workers on the building site.

This preliminary step is necessary and very important because it is thanks to this observation that you will be able to justify the reality of the progress in relation to your payments.

To make an appointment with a bailiff, anywhere in France, you can use the appointment scheduling platform, by clicking below

The formal notice

Once the report has been drawn up, the defaulting contractor must first be given formal notice, by registered letter with acknowledgement of receipt or by summons from a bailiff, to resume work within a specified period. By this letter, which will remind you of the planned delivery date, you can leave a few days to resume the work.

The advantage of the summons by bailiff is that you do not have to wait 15 days to check whether the registered mail has been collected: the summons runs as soon as it is handed over by the bailiff (even if the recipient is absent).

The various remedies

If the abandonment of the building site is proven, and the capacity of creditor of the client is established, the latter has various recourses against the defaulting contractor:

• an application for interim measures allowing the company to be ordered to complete the work, subject to a penalty payment
• a recourse, still in summary proceedings, to be authorized, by virtue of article 1222 of the civil code, to have the work completed by another company, at the expense of the defaulting contractor
• recourse to the Fund to obtain compensation for the damage suffered

Good to know: you can have your loan suspended!

If you have taken out a loan to carry out the work, you can ask the judge to suspend the loan.

Indeed, the judge may suspend, at the request of the borrower, under the conditions set out in Article L. 313-29 of the Consumer Code, the execution of the loan contract until the dispute is resolved.
However, in order to claim this suspension, you must have brought the bank to the hearing.

In addition, Article L. 314-20 of the French Consumer Code also gives the borrower the possibility of asking the magistrate to suspend his repayment obligations in application of Article 1343-5 of the French Civil Code. This period of grace of a duration not exceeding two years may thus be granted during which the enforcement procedures initiated by the lender and the course of penalties or interest increases due in the event of delay are suspended.

Without delay: make an appointment for a report 7 days a week, 24 hours a day, anywhere in France.