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Guarantee and building
Guarantee of delivery at prices and agreed delays
In guarantee of his commitment to realize the works object of the contract, at prices and in agreed delays, and also in case of his own failure, the builder proves an agreement of caution money by which the authorized body, obliges, from the date of opening of the construction site, to take care of the risks of non-fulfilment or bad execution of the works foreseen to the contract as well as to indicate, if need be, another builder or building contractor to finish the house.
Insurances
The builder declares to be insured against the pecuniary consequences of his professional responsibility which could be engaged in application of articles 1792 and following ones and on 2270 of the Civil code.
He will prove, in the opening of construction site, of the existence of the insurance which he is legally anxious to sign by virtue of the article L241-1 of the Code of the Insurances.
The builder will sign, for the boss of the work, the Damages - Work police, except express will of the boss of the work to make his personal affair of the subscription of this contract.
The builder makes a commitment to respect the guarantee of perfect completion of two years as from the reception. This guarantee doesn’t extend in the necessary works to remedy the effects of the normal wear, the neglect or the misuse.
Any movement asked by the boss of the work to remedy a disorder except guarantee or owed to a misuse will give place to invoicing of the corresponding expenses of workforce and transport.
It is besides clarified that the boss of the work will insure himself against fire risks, storms and hurricanes as from the stage outside water.
Guarantees of perfect completion and good functioning
A. During the first two years which follow the reception, you benefit from a guarantee of perfect completion for the works having been the object of the contract.
All the disorders detected during the reception or indicated the first year must be repaired by your builder.
B. During the first two years which follow the reception, you benefit from a guarantee of good functioning concerning the elements of equipment which we can separate from the construction, under reserve that they are included in the works object of the contract.
Your building contractor is anxious to repair or to replace these elements of equipment (shutters, doors, electric installation, boiler, etc.) which the bad functioning is obvious, safe in case of abuse of usage or defective maintenance. It is recommended to indicate the disorders aimed at "a" and "b" by registered letter with recorded delivery sent to the builder.
Guarantees owed by the insurers
a.During the ten years which follow the reception, you benefit from the ten-year guarantee. Your building contractor is anxious to insure as such. This insurance has for object the repair of the disorders which compromise the solidity of the bulding and don’t allow using it according to the foreseen usage. The elements of equipment of the building inseparable of walls, roof, diverse networks are also insured.
b.From the expiration of the guarantee of perfect completion, that is two years after the official acceptance of work, you can address you to the establishment where was signed the insurance Damages-Work to the case or the disorders quoted in the previous "a" would appear and would not be repaired by the builder.
The insurance Damage-Work guarantees you, if it was necessary, except any research for responsibility, the payment of the repair works of the damages for which are responsible companies subcontractor to your builder. If you wish to obtain advice and more detailed information, send you in:
- The Departmental Direction of the Equipment
- The Departmental Association for the Information about the Housing (ADIL) the closest to your place of residence
These bodies are government-regulated by the ministry which deals with the development.
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