The Content Of The Article:

When our house is built and the builder has finished his work, the receipt of work is the act by which the customer declares to accept the work of the manufacturer, with or without reserve. It may happen that the client decides not to explicitly formalize this reception of work: it is then a tacit acceptance of work.

The reception of tacit work: an unverified reception...

As the name suggests, the receipt of tacit work is absolutely not formalized, contrary to the receipt of express work which is the subject of a formal report.

This form of receipt of work is therefore not provided for by law, but may nevertheless be validated before the law if it fulfills certain conditions; for example, the client must have actually taken possession of his house, the constructor who built it has been paid in full, and no claim has been made by the client for a certain period of time. The tacit reception also requires an unequivocal willingness of the owner.

To note: tacit acceptance of work unfinished is also possible; it applies on the condition that the unequivocal willingness of the owner to accept the works is noted.

... and so difficult to prove!

As there is no document or evidence to attest to the tacit acceptance of the work, there is no not really evidence that it was done. Even if the entry into the premises or the taking of possession of the work constitute notorious elements to consider that a reception of the tacit work has taken place, it is not envisaged in the Civil Code. When a dispute arises and the reception of the work has been tacit, it is up to the courts to seize it...

However the reception of the works is really essential and essential in the field of the construction, since it is only once it has been established that starts the legal guarantees that the manufacturers must ensure, like the guarantee of perfect completion (1an), the guarantee of good functioning (2 years) and the decennial guarantee.
And so, if the reception of the work is not established, the customer is not covered by these assurances...

To give a frame to the reception of the tacit work, the customer can add in the contract of construction of house individual a clause where will be mentioned the fact that the owner has chosen this form of reception of work as well as its modalities of application.


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