- One year guarantee of perfect completion
- What defects are covered by the guarantee of perfect completion?
- A very framed procedure
- Delivery guarantee for new homes
- Tacit reception
When you have work done or build, you have a warranty requiring the company to repair any defects in a period of one year. Explanations.
One year guarantee of perfect completion
The guarantee of perfect completion begins upon receipt of the work. It is provided by the contractor with whom you have entered into the contract. It covers all apparent disorders reported on the day of receipt of the work and those that appear in the following year.
The reception of the works is therefore to be carried out with the greatest attention and the greatest seriousness. It gives rise to the drafting of a minutes, dated and signed by all concerned.
In practice it is a meeting with the contractor to inspect the work, once the site is completed. In general the professional organizes it. But if he does not, do not hesitate to take the initiative.
What defects are covered by the guarantee of perfect completion?
- All apparent defects and work not in accordance with the specifications mentioned in the form of "reservations" in the minutes drawn up on the day of receipt of the work. No matter how serious they are! You can play the guarantee for the most minor, for example an improper paint finish. You do not need to prove a fault of the contractor. The presence of the fault is enough! Attention, apparent defects not mentioned in the minutes are not covered. They are considered accepted by you.
- Any defects that appear in the year following the receipt of the work... unless it results from wear or a lack of maintenance. They must be reported by registered letter with acknowledgment of receipt within one year.
- The special fate of sound insulation defects: the fact that it is detectable or not the day of the reception does not play. It is enough to reveal them during the year of coverage of the guarantee of perfect completion to obtain a repair.
A very framed procedure
The contractor must repair the defect.
- For defects identified the day of the reception of the works : you will establish with the contractor the time of realization of the repairs. Once the restoration is completed, you will draw up a statement of the withdrawal of the reserves.
- For defects that appear in the year of receipt of the work: indicate in the letter a reasonable time for the repair to be carried out (1 month for example). Remember to consider the end date of the guarantee of perfect completion.
- If the professional refuses to make the repair, send him a formal notice to act. By this act you summon him to fulfill his obligation. If your attempts fail, you can have the work done by another company and submit the invoice (Article 1792-6 of the Civil Code). But it is better to take legal action within one year of receiving the work. Your rights will be guaranteed. The professional may be sentenced to perform the work or to pay you the amount of money needed to make the repairs.
Delivery guarantee for new homes
For the construction of your house you have signed a individual house construction contract. What happens if the construction remains unfinished following a bankruptcy of the builder or abandonment of construction site.
- The payment of the construction price in fact as the work progresses under a contract for the construction of a single house. Your financial losses are therefore in principle limited.
- To achieve the completion of the house, it will be necessary to play manufacturer's delivery guarantee. The professional has the obligation to take out such insurance whereby the insurer undertakes to provide the necessary funds to complete the construction.
The reception must preferably be materialized by a writing, the minutes. In his absence and if a dispute arises, your behavior can be analyzed as a tacit reception by the courts. This solution was adopted in respect of a person who had taken possession of his newly built home by paying for all the work done by the company. However, the lack of reservations on apparent defects precludes the possibility of a repair from the contractor concerned.