As a construction lawyer in Paris, Maître Léa Scemama defends project owners facing defects and disorders, from a finishing flaw to damage that threatens the building. The real difficulty is not spotting the problem. It is linking it to the right guarantee, before the deadline expires. That is often where a case is won or lost.
Acceptance, the act that triggers everything
Acceptance is the act by which you accept the works, with or without reservations, as set out in article 1792-6 of the Civil Code. It sets the starting point of every guarantee and clears, or not, visible defects depending on whether you recorded them. Never sign an acceptance report without noting, in writing and in detail, every useful reservation.
Each defect has its guarantee
First year: the completion guarantee
Defects reported at acceptance, or appearing within the following year, fall under the completion guarantee. The builder must remedy them.
Two years: removable equipment
The malfunction of equipment that can be removed without damaging the building, such as a shutter or a water heater, falls under the two-year guarantee of proper functioning.
Ten years: the decennial guarantee
Defects that compromise soundness or make the property unfit for use fall under the decennial guarantee for ten years. Intermediate defects and contractual non-conformities are dealt with under ordinary liability rules.
Proving the defect: the expert assessment
An unproven defect gives no rights. Before any trial, it is often decisive to obtain an expert assessment on an interim basis, under article 145 of the Code of Civil Procedure. The expert determines the origin of the defect, its seriousness and the liabilities, and the report forms the basis of compensation. Damage insurance can also pre-finance the repairs in parallel.
The mistakes that cost dearly
Accepting without reservations despite visible defects. Letting the deadlines specific to each guarantee slip by. Repairing yourself before any assessment, erasing the evidence. Forgetting to report the loss to the damage insurer. Each of these seemingly trivial mistakes is enough to defeat an otherwise well-founded claim.
Frequently asked questions
Should I refuse acceptance if there are defects?
In most cases it is better to accept while making written, detailed reservations. An outright refusal is justified only for works that are clearly unfinished or unusable.
How long do I have to act?
It depends on the guarantee at stake: one, two or ten years, without forgetting the ordinary limitation periods. The reflex is always the same: act quickly and have the defect recorded.
Who pays for the expert assessment?
The claimant usually advances the cost, which is then charged to the liable party once identified.