Can I take a builder to court in France

Getting a builder to finish a job or repair damage is a common complaint – here is an exchange of mails this week and my notes about what to do if you want to take legal action.

=======

Hi
I don’t know if you can help but I will ask anyway! We have a house in the Charente and had a pool installed in 2004. To cut a long story short, the slabs around the pool have lifted and the skimmer has been damaged by this.

We called the builder (French) back in and he agreed to fix the faults under his insurance/warranty. This was back in Sept.

Despite several requests/letters he does not respond and we would like the work done before the rental season starts.

Would would you recommend if any our next plan of attack is. I don’t know if like the UK we can threaten to take him to court, I really don’t know how to proceed!!

Any help or advice or recommendation you can give would be very much appreciated!
Kind regards
Dawn

===

Hi Dawn,

If you have a correct invoice for this work and have paid by cheque, then you can register an action at your local Palais de Justice – the people at the reception should be able to help you and advise what to do, my personal experience with talking directly to these sort of services very positive.

First make at least one more demand to him, in writing and by registered letter in France requesting that this work is done. Point out that this must be done in time for the rentals or you will be demanding compensation, damages and full repairs if necessary by another macon.

Once you have a hearing set for the tribunal, it may be useful to see if the arbitration service can assist – I have found them very positive and helpful and they have avoided long delays and expenses – their aim is to reduce work on the courts so this can get things moving

Please let me know how you get on of if you need help determining what the invoices you have mean.

best wishes

Tony

===

Hi Tony
Thanks for the advice, I will send another letter and see how I get on! Will keep you posted!
Kindest regards
Dawn

===

Hi Dawn,

Make sure is is “lettre commande” , written in French and sent and receipted in France

Bonne Chance

Tony

===

Hi Tony
Sorry what do you mean, should I put that at the top of the letter like we would with “without prejudice” or on the envelope?

It will have to be sent via royal mail international recorded mail as the house is our second home, writing it in French isn’t a problem as we have a translation package.

Again, thank you so much for your help and advice, it is appreciated!
Kind regards
Dawn

===

Hi Dawn,

To get any result you really need to do everything in France – as the builder knows you are in the UK I doubt he will be at all concerned about letters or threats of legal action as he knows the complexity in France and the precise way things have to be done. The wording on any mail must be exact and a translation package is not likely to be much use unless you know the correct wording in the first place – you really need to go to the court and get help in filling in the depositions or make a plaint.

How much is the damage/compensation worth? Unless you are here in France and taking positive action, any threat to sue will be most likely ignored. The cost of you getting someone to do this will be at least 1000 euro.

Help is available through the government sites online such as

http://www.legifrance.gouv.fr/

http://www.service-public.fr/

I suggest you find a way to get a correctly structured letter, in correct legal French, to the builder demanding that the damage be repaired and warning that any delay will give grounds for damages – get it sent from France by Lettre Commande – the proof of sending to the correct address is all that is needed for you then to be able to take an action – other methods of mailing, I believe, will require proof of delivery, builders are very good at not accepting these so the mail could be invalid. In France you only require proof of sending the mail (from France).

The important thing is to get the pool fixed for rentals so demanding that repairs are done immediately and that you will have to get another builder if it is not repaired very soon, pointing out he will be liable for these costs and any losses may help.

Do let me know how you get on.

Tony