Construction lawyer

Building your own home is a long and demanding project. The complexity of building and planning law means that the entire construction process is a source of legal risk. Disputes concerning the construction of a house may arise with the developer, the builder or the architect. Consulting a construction lawyer is essential at every stage.

A lawyer can help you with every property sale

OurParis property lawyers are involved at every stage in the construction of a property. Whenever possible, we defuse the risk of property disputes:

• Contractual relations and negotiation of the clauses of the contract for the construction of a detached house;
• Disagreement over acceptance of the work and the work carried out;
• Invoking the ten-year guarantee or other contractual guarantees;
• Liability of the property developer ;
• Liability of the house builder;
• Insurance claims ;
• etc.

Goldwin Law Firm assists all parties in the performance of a construction contract and the handling of disputes relating to the land or the future house. The firm’s expertise and technical know-how enable it to define creative and effective strategies to best defend the interests of all those involved in property construction.

We will explain how a lawyer specialising in construction law can help you answer all your questions, such as :

• What should I do if a building site is abandoned?
• I’ve discovered defects after taking delivery of the house. How can I get repairs and make use of the builder’s warranties?
• How can I obtain a summary expert report?
• Which lawyer should I consult for a legal property valuation?
• What should I do if the VEFA sale is behind schedule?

Whether or not you are considered to be the client, don’t hesitate to call on the services of a property lawyer as soon as you run into the first difficulties with negotiating the contract, obtaining planning permission, and then throughout the progress of the work right up to the handover of the building.

When should you call on the services of a construction lawyer in Paris?

Cabinet Goldwin is a firm of lawyers at the Paris Bar specialising in all types of property litigation. It advises and defends any individual or legal entity involved in the construction of any dwelling.

Lawyers specialising in construction advise individuals on

Do you own land in the Paris region? Are you having a house built or buying a house off-plan? You are experiencing delays in the completion of the work or defects after the work has been completed.

Construction law provides a number of guarantees and insurance policies to protect you. At every stage of the construction process, any problems must be reported in writing. This is essential if those involved in the building process are to be held liable. Thanks to our technical expertise, our firm can assist you with any dispute you may have with a builder, developer, building contractor, architect, etc.

You can be considered the project owner if you undertake the construction on your own land. On the other hand, if you use the services of a developer for a VEFA (vente en l’état futur d’achèvement) contract, it is the developer who is deemed to be the project owner.

Taking the advice of a lawyer specialising in construction will reassure you before you sign a binding building contract.

In addition, there are a number of other issues relating to construction law that require you to contact a lawyer: for example, contesting the refusal of planning permission (which comes under town planning law), obtaining the waiver of a mortgage or defusing neighbour disputes (joint ownership law). These are all complex legal and technical disputes that call for the full wisdom of a property lawyer.

Last but not least, a consultation with a lawyer who is an expert in construction will help you to better understand the responsibilities of each party.

Real estate lawyers advise developers

Real estate projects do not always go according to plan. The construction and sale of new properties can be fraught with unpleasant surprises.Article 1831-1 of the French Civil Code outlines the duties of property developers. In particular, it defines the property development contract as a mandate of common interest between the developer and the client.

To ensure the security ofproperty development activities, it is a good idea to consult a lawyer specialising in construction law. A lawyer specialising in construction law will help the developer choose the best contract from among the property development contract, the contract for the construction of a single-family home and the contract for the sale of a building to be constructed or sale in the future state of completion (VEFA).

There are many possible sources of dispute with the numerous parties involved:

• Site abandonment with building contractors,
• Delays in delivery or defects in the work carried out,
• Disputes with architects over planning regulations,
• disputing the refusal of planning permission, etc.

Proceedings in construction law are thus very diverse and often require the services of experts, given their technical nature:

• preventive summary proceedings
• emergency proceedings
• expert appraisal proceedings.

A lawyer specialising in construction law handles disputes relating to building and works:

Goldwin Law Firm can defend your rights in legal proceedings, particularly in the event of :

• Action to obtain penalties for late delivery of a building site;
• Proceedings following defects in the work;
• Litigation relating to the sale of land or non-compliance with planning regulations;
• Litigation relating to all contracts: contracts for the construction of single-family homes, contracts for the sale of property in a future state of completion, property development contracts,
• Liability claims (particularly in the event of accidents on a building site);
• Disputes with a company, subcontractor or supplier, and bringing into play cascades of liability;
• Action in the event of interruption or abandonment of work;
• All contentious proceedings relating to construction.

Property construction from A to Z

Construction law is part of general property law. It regulates the contractual relationships between the parties and the responsibilities and guarantees associated with construction.

The contract for the construction of a single-family home (CCMI)

The contract for the construction of a single-family home protects the owner and ensures delivery of the home. The builder is obliged to take out a guarantee with a third party. This means that even if the builder defaults during the construction period, delivery or compensation is guaranteed.

Before any dispute arises, a lawyer will be involved in drawing up the construction contract and planning the building work. They then become involved in disputes arising from late delivery, or the implementation of the completion guarantee or ten-year guarantee.

The choice of construction contract for a single-family home depends on the tasks entrusted to the builder, particularly with regard to the plans for the home. A distinction is therefore made between a CCMI with or without the provision of plans, or a standard works contract.

Sale before completion (VEFA)

Buying off-plan requires patience and precision. Between the plans and 3D designs and the sales contract, you need to be extremely vigilant about your commitments. Construction law sets out the obligations of each party involved, to protect those who wish to buy off-plan.

Buyers of off-plan homes need to be aware of any delays in delivery, defects or non-conformity when the work is handed over.

The role of a lawyer specialising in construction law also involves approving the structuring of property development projects, approving VEFA contracts and other construction contracts, and assisting developers, buyers, builders, contractors and other subcontractors in the event of disputes.

Technical expertise in construction disputes

Disputes can arise in the construction sector at any time, before or after work has been handed over. Technical expertise is often required to assess the reality of a defect and the responsibilities of each party.

Problems call for an appropriate response depending on their nature and extent. Are they apparent or hidden defects? Who is responsible for these defects? It is essential to appoint a building expert to identify and assess the defects. Building construction is a highly technical field in which expert reports are invaluable.

Acceptance of work

This is the point at which warranties start to run, in other words the crucial moment in construction law. If any difficulties have arisen during the construction process, we recommend that you call in a construction professional before signing the official acceptance report. The client can then accept the building with or without reservations.

Anything not subject to reservations is deemed to have been accepted. This means that no apparent defects can be claimed. With reservations, acceptance can be postponed until certain defects or shortcomings have been rectified.

Contractual acceptance is therefore the key moment in the construction of a house. After acceptance, the lawyer’s role is to enforce the legal and contractual warranties with each party involved. He will define the responsibilities of each supplier and contractor, so that he can take legal action against the various parties involved, whether before the courts or the administrative tribunals.

In the case of major renovation work, acceptance of the work is just as important in order to avoid any problems and to establish immediately that the work has not been carried out in accordance with the practices of the profession and the rules of the trade.

Construction guarantees

Firstly, the completion guarantee covers all defects for 1 year. The contractor is obliged to repair these defects, whether they are mentioned in the acceptance report in the case of apparent defects, or whether they are notified by registered letter within one year of acceptance of the work.

Secondly, the biennial guarantee or guarantee of good working order requires the contractor to replace any defective items of equipment. This must be notified in writing within two years of acceptance of the work. The equipment covered is that which can be separated from the building: for example, the hot water tank or the shutters.

Lastly, the ten-year guarantee requires you to repair any damage that occurs within 10 years of acceptance and that affects the soundness of the building or renders it unfit for use.

Construction insurance

As part of their ten-year guarantee, professionals are required to take out ten-year liability insurance. Very often, the amounts involved in disputes can exceed the company’s cash flow. Only the professional insurance system is effective. In any case, you should check that you have this insurance before committing yourself.

The owner can also take out non-life insurance to cover subsequent buyers.

Your lawyer in construction law

A lawyer specialising in construction law will assist you from the purchase of the land to the handover of the building. He can review construction contracts and call into play the guarantees and responsibilities of each party involved. Your lawyer is involved in litigation before the courts and administrative tribunals. He or she will be at your side to prevent a defect or disorder in the building from turning your dream house into a nightmare.

Cabinet Goldwin is an expert in property law, with sales lawyers in other complementary areas of expertise:

• lawyers in co-ownership law
• lawyers to defend against co-ownership trustees
• commercial lease disputes
• lawyer in case of eviction
• lawyer in residential leases
• Litigation in property sales