Defects: What to do? - Constructions and Defects: How to get out of it
What to do in case of defects? Since 1978, project managers, craftsmen, architects... have been obliged to take out construction insurance which guarantees the construction for 10 years. This is called the ten-year guarantee. From then on, and without even having to prove any fault whatsoever on the part of the builder, it is possible to have the guarantee come into play. However, in some cases, legal action is still necessary.
Before taking any action, the priority is to preserve proof of the defect(s). To do this, the first thing to do is to send a registered letter to the manufacturer to inform him of this defect (whatever it is) and invite him to come and see for himself within a short time (48 hours) the disorders. And you will take the opportunity to ask him to activate his ten-year guarantee.
If the builder does not show up at the appointment you have fixed, or if he minimises the defect(s), it is extremely urgent to have it recorded by a bailiff. The bailiff that you will have mandated(our office will move as of January 1st, 2017) will be able to make the necessary investigations. throughout the Ile de France, including Paris and can, on major disputes, support you throughout France) will draw up a Minutes of the objective material findings that it will make. This report is the absolute proof.
Immediately send this report to the Insurer of your manufacturer and to the latter by asking him to call in an expert. The Insurer will have no choice but to mandate an expert within 60 days. This expert will estimate your loss and, if the defect really exists (i.e. if the loss is indeed related to the construction), he will calculate your compensation, which will be paid within 105 days (90 days for acceptance and 15 days for payment).
If you have taken out a Damages-Operations insurance policy, simply send the Official Statement of Offence to your insurer, who will take care of all the formalities.
In the event of litigation on the responsibility for thedamage (or on the very existence of the defects), it will be advisable to seize Justice. Here again, the Official Statement of Offence drawn up by a Judicial Officer will be an asset, because they will be the eyes of the judge.
You can refer a dispute of less than 4000 euros to the local judge, without a lawyer. Beyond that, and always without a lawyer, you can refer the matter to the local magistrate. From 10,000 euros, it is the Court of First Instance that will be competent to first of all mandate an expert, then if the expert's report is favourable, to allocate you a provision (an advance) on your compensation which will be paid at the end of the procedure.
However, we draw your attention to the fact that insurance companies will have lawyers and that, even before the local judge or the District Court, the advice of a lawyer is, in our opinion, necessary. We would therefore strongly advise you to take a lawyer.
To make a call to a bailiff to have the defects of your construction noted, you can use the online booking platform: www.mes-constats.com.