Delay in the delivery of works: which insurance enters into account?

Work done by professionals is well regulated in France. In this way the consumers are protected in case of problems. This is the case if there are delays in delivery. However, we must remain vigilant.

When work is carried out by a company or a craftsman, French law automatically protects the customer against various irregularities, including a delay in delivery. In case of construction, insurance is even mandatory on the part of the professional, to be sure to compensate his client.

What the law says

The Consumer Code requires professionals to indicate a delivery period in their contract if its performance can not be fully executed right away. Since he is contracted to do so, he is obliged to keep to this deadline.

If he finds that he will not succeed, which can sometimes happen for a reason beyond his control (bad weather, force majeure), he must then warn his client. In this case, both must agree on another date of completion of the project, to which the contractor or craftsman is again required.

Enforce deadlines

After 30 days beyond the scheduled date, if the client finds that the promised benefits will not be made, the professional must be put on notice to finish the work as soon as possible. To do this, the customer must send him a registered letter with acknowledgment of receipt, by which he orders him to finish the work within a reasonable time. In the absence of a response or resumption of the site, the customer has the right to consider the contract as broken, to refuse to pay the invoice and even to demand the refund of his deposit.

Good to know

In case of dispute of less than 4000 €, the local judge can be seized. Between 4000 € and 10 000 €, the district court is competent. Beyond this amount, it is the tribunal de grande instance.

Delivery guarantee

For construction, the law imposes another obligation on building professionals. That of taking out a delivery guarantee. It is a compulsory professional insurance, which must therefore be included in the construction contract. As the name suggests, it guarantees the customer that the construction will be delivered on the scheduled date.

The builder must take out this guarantee from an approved insurance company. In case of default for more than 30 days (impediment, bankruptcy, abandonment), it is she who will guarantee the completion of the work.