I signed a CCMI with a house builder wood frame. At the reception (I was alone without expert assistance or bailiff) was drafted a PV with reservations. It has been agreed that there is a 15-day period to lift reservations. At the end of this period, some of the reserves were removed, only the reserves related to the subcontractor placo were not removed. Since then, faced with the incompetence of the subcontractor I informed (by email) my builder that I did not want to see this company on my site and that I will ensure myself the work. Following this, the manufacturer sent me the final invoice claiming the remaining 5% and the statement of survey reserves to return signed! I neither returned this report (since they were not lifted) nor paid the balance of 5% for the same reasons! It's been almost three months since they sent me these documents and I had no stimulus from the manufacturer. My question is: am I in my right and the builder knows he is wrong which explains why he abandons the 5%? Finally, if he raises me I have a margin of maneuver?
As long as the reserves you have issued are not exercised, you are entitled to record an amount that can be up to 5% of the construction price with the Caisse des Dépôts et Consignations until the manufacturer has repaired the disorders in the event that you have signed a construction contract. Warning! If you have only signed business contract, check that this consignment has been provided for in the contract, otherwise the sum can be recorded only with the agreement of the manufacturer or upon request to the President of the Court.
That being so, if you give up asking the manufacturer the repair of poor workmanship objects of the reserves, and if you do the necessary work yourself, you lose any justification for the recording of part of the price of the construction. You also lose the usual guarantees on this part of the construction.
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