THE KNOWLEDGE
normal to ask to see these documents; an honest artisan will not mind complying with your request, and many will readily supply this information along with their estimate.
MAKING PAYMENTS The consumer code (code de la consommation) says that the professional must inform the consumer about the ‘main characteristics’ of the work, prior to starting the job (i.e. the consumer should be told the cost of man hours and material). Make sure the devis is
precise with a clear itemised description of the work to be done and the cost of the material – in the case of resolving a dispute, this will be an essential element. The devis becomes binding
once you have signed it. This applies both to you and the builder. People have told us that they want to break a contract because they’ve changed their minds or found someone cheaper but a devis is a legally binding contract and so there are rules to follow and conditions to break it.
If the work you want to do is
time sensitive, you also need to request – prior to signing the devis – that a calendar of work is included, otherwise delays in the work may not be considered as faulty. Once the devis is signed,
an artisan will normally ask for a 30% upfront payment to cover the cost of materials. Stage payments as per the advancement of the work is the usual way to proceed. If you feel that you are
being billed more than you should, you need to address the situation immediately as it may indicate cash flow problems from the builders, which are usually the first stage of a much greater problem. If the builder goes into liquidation, the work may never be completed and you will probably find it very difficult to get that money back. There are some situations
where the costs of the devis can vary. We had a case where an artisan was requesting more money because inflation had caused the work and raw materials to be more expensive. However, because inflation was predictable at the time the
devis was signed, and because there was no indexation clause in the contract, the builder was not legally founded to request more money. You should not feel
intimidated by a builder and should always seek legal advice when you feel it necessary. After all, a blameless artisan should not fear outside counsel. When the job is complete,
you need to retain 5% of the payment – this is to organise the ‘reception’ of the project. If you are satisfied with the work, you will sign the reception document with no reserves (sans reserves) and pay the remaining 5%. However, if you feel some
things still need to be sorted out, you will sign with reserves (avec reserves). The artisan then has a certain timeframe agreed with you to fix the issues. The final 5% payment is made when all the issues have been fixed. The artisan’s insurance will
only kick in once the reception is complete. Until that time, it is up to the artisan to rectify any faulty work. This is why you need to be particularly careful of the financial stability of any
professional, especially if it is a limited liability company; if they fall into liquidation, they will not complete the work meaning that their insurance will not cover damage or deterioration in the future.
WORST CASE SCENARIO What if things go wrong? There are various ways the artisan may be held liable, depending on the type of issue and the moment at which they occur. This is why, if you are faced with a problem related to work done, you should immediately consult a lawyer who practises construction law. Based on the type of issue,
the costs to fix them, the timeline, and the chances of recovery, your lawyer will guide you on the best way forward. It may start with a formal letter, mediation or go directly to a court case; the strategy will be whatever works best for you. ■
Sarah Bright is an Avocat Associé and Partner at Bright Avocats in Toulouse Tel: 0033 (0)5 61 57 90 86
brightavocats.com
FRENCH PROPERTY NEWS: May/June 202483
© SHUTTERSTOCK
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