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If you notice a defect in your construction, do not panic! You have solutions available to you to repair the damage. If an amicable agreement is not possible with your builder, the justice will take care of the rest and intervene to guarantee the solidity of your house.

Amicable appeal

When you notice a defect, the simplest and most enjoyable is to arrange amicably with your constructorr.
If the defect is found during the work acceptance visit, it is important to report it and note it in the minutes. At this point, check that the works are well comply to the order and to the contractual documents (plan, estimate, contract). If malfunction there is, the manufacturer will be obliged to make the repairs.
On the other hand, if the defective appears several months or even years afteryou must immediately notify him by registered letter with acknowledgment of receipt and make a declaration of loss with your insurer. If the builder is in good faith, he will do the work necessary to ensure the solidity of your home. Unfortunately, this does not always happen as well and it is sometimes unavoidable to go to court.

If after warned the manufacturer by registered letter (with acknowledgment of receipt) of the defect you have no answer, you will have to go to the next step which is the formal notice. To do this, you will need to send him an email and set a deadline for repairs. If he turns a deaf ear or if he refuses to make repairs, then you must get closer to the district court or the district court the closest to your home. After sending an expert to notice the damage, the judge will order the contractor to solve the problems by imposing a schedule. In case of emergency, it is also possible to start a procedure via a summons summoned through the registry of your court.

Good to know

If you start a lawsuit and you do not want to wait until the end of the procedure to make the necessary repairs, know that there is a solution. According to article 1796-6 of the Civil Code, after an unsuccessful notice, it is possible for the owner to involve a company at the expense and risk of the manufacturer provided the defect appears in the year of perfect completion, that is to say in the year following the visit of reception of works.

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