9. Disputes with your Builder

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9.1. Introduction

French building companies and artisans have reputation for quality that is well deserved.

Nevertheless, surveys suggest an increasing number of clients are dissatisfied with the performance of building professionals and contractual disputes are on the increase.

These disputes are often less about the quality of work carried out than the manner or progress of works, poor communication, poor after sales, or poor organisation.

Where disputes concerning workmanship occur they are more often in respect of ancillary trades than the main trades.

Prevention is, of course, always better than cure and the rules of good practice that apply in your own country about employing building trades are no different in France.

One of the major sources of problems is a mismatch between the aspirations of the client and the amount they are prepared to pay for the works.

A high estimate does not always guarantee a high level of workmanship but the risk of poor workmanship is certainly going to be a higher with a low estimate.

9.2. Get it in Writing

If a dispute does arise then the first priority should be to try and resolve it as quickly and as amicably as possible. Do not let discontent fester and try and maintain a level of calm!

At a minimum you should withhold a retention of 5% until all outstanding defects noted on handover of the works have been completed.

If a site meeting with the builder cannot sort the problem then you should arrange to send a recorded delivery letter setting out clearly your grievance and seeking a response within a reasonable timescale.

If this is not successful then recourse to a third party is going to be necessary.

Clearly, if it is a major building project and you have taken out assurance dommages-ouvrage then you should contact your insurance company and make a claim using the procedure set out in our pages on Building Guarantees.

However, other than in exceptional circumstances, this insurance only applies in relation to projects that have been completed, to guarantee defects arisging for up to ten years. It does not cover 'disputes' that arise during the progress of works.

Whatever the circumstances, there remain general provisions in law that govern the liability of the contractor and your ability to bring a legal action against them. But you will need to take advice to make sure you approach it correctly.

9.3. Sources of Advice

If you have a professional team on board, then your first port of call should obviously be your architect.

Even if you do not, (or the dispute is actually with your architect!), there are a number of useful sources of free, or cheap, advice and assistance, as follows:

1. i. Housing Information Agency (ANIL)
2. ii. Bailiff (Huissier)
3. iii. County Consumer Protection Dept (DGCCRF)
4. iv. Legal Advice Centre (CDAD)
5. v. Housing Consumers Group (CDAU)

9.3.1. ANIL

ANIL (L’Agence Nationale pour information sur Logement) is the government national housing information and advice agency.

There are local offices of ANIL in all départements, staffed by civil servants whose responsibility it is to provide guidance and assistance to those seeking to buy, rent, refurbish or construct a property.

You can find out the location of your nearest ANIL office by clicking the following link: ANIL

9.3.2. Huissier

You might also want to approach a huissier as they are likely to be in a good position to advise you of your rights and assist you in legal proceedings that may need to be taken.

The huissier is a sort of official bailiff about whom you can read more by clicking on the following link: Property Professionals

They will be able to secure evidence of the fault or problem and/or advise on the desirability or otherwise of contacting an independent architect or engineer to provide a report on the problem.

The introduction of the huissier and an independent expert is the first formal stage in the initiation of legal proceedings.

Their involvement is also likely to remove any doubt that the builder may have that you know what you are doing and that you mean business!

The huissier will want to make a site inspection and see the paperwork following which they may well send a recorded delivery letter to the builder seeking resolution of the problem within a specified timescale.

If there continues to be no response then, they will help and advice you on bringing a legal action in the courts.

The most appropriate remedy will depend on the circumstances but can include a claim for damages and/or an injunction to complete the works or remedy the defect.

For sums less than €10,000 the action is brought in the Tribunal d’Instance (and through a local juge de proximité if below €4000) and for sums greater than this amount in the Tribunal de Grande Instance.

There is no need to engage an avocat unless you need to go to the Tribunal de Grande Instance.

Where resolution of the problem is a matter of urgency then it is possible to get a provisional early judgement called a référé about which your huissier will be able to give you further advice.

9.3.3. County Council Consumer Protection Department

This department goes by the name of Direction Générale de la Concurrence, de la Consommation et de la Répression des Fraudes (DGCCRF).

It is based in your county Préfecture.

They will be able to advise you on your rights and provide you with information on how you can bring a legal action.

9.3.4. Housing Consumers Group

Others who might also be able to assist are the Centre de Conseil et d’Assistance aux Usager de l’habitat (CDAU).

The CDAU is a consumers group capable of intervention in building related matters able to act an expert or mediator.

It is mainly base in the Paris region but they have offices in some other areas of France.

You can find their web site by clicking on the following link: CDAU

9.3.5 Legal Advice Centre (CDAD)

Before you think about engaging an avocat to defend you, or bring a legal action, you may want to consider making use of the FREE legal advice service available in legal advise centres that have been created in most of the départements of France.

The service is called Conseil Départemental de l'Accès au Droit (CDAD).

Most of the CDAD offer times and days in the weeks when a either an avocat, huissier or notaire is present to offer advice.

In addition, they have other staff who may be able to assist or provide you with the contact details of an organization who can provide you with further advice.

You can find details of your local CDAD by clicking on the following link: Legal Advice Centre

Most CDAD have created interesting and informative websites, provided, of course, you can understand French!

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