I own a wooden frame house that I have built since August 2008. In summer 2013 I discovered larvae of capricorns in a post of the frame (post beam). From the bottom up he was attacked, I discovered the galleries and killed the larvae. I am unable to measure the extent of the damage. I joined the builder who simply told me to panic and deal with a commercial product, he understates. I discovered a new ground larva this time this summer. Faced with the lack of interest of the manufacturer, I made a registered mail with AR recounting the facts and asking him to operate his decennial, to come on site, or to involve an expert. For 6 months now I am waiting for an answer. Nothing mail nor call any sign of life... Should I expect something from the decennial? What are my options? and especially what are the risks in my home? I really need a hand because I'm worried. Thank you for answering Cordially Guillaume V.
It has been recognized by the Courts that capricorn attacks in a timber frame house were covered by the ten-year guarantee since they would compromise the solidity of the structure of the house and render it uninhabitable. I refer you to the decision of the Court of Cassation (JUDGMENT N° 1306 FS-D - SEPTEMBER 25, 2002 - COURT OF CASSATION - COMPANY AM.PRUDENCE C./RIAND AND A.).
If you have subscribed, as the law Spinetta requires, a property damage insurance, you just have to play it.
If this is not the case, at this stage, you must handle the dispute with your builder yourself. All you have to do is contact a lawyer, who will send the company a letter of formal notice to respect its commitments. Then, in case of no response, the lawyer will turn to the district court.
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