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Endless work! Your site is late or has been abandoned by the contractor… Can you claim compensation? What are the remedies to do so?
IN CASE OF WORK DELAY
First of all, it is advisable to favor the amicable way so that the contractor resumes the work. In this case, it does not seem appropriate to discuss late penalties with him, as this could encourage him not to return to work quickly.
If this site meeting has already taken place and you have already reminded him amicably that the deadlines for carrying out the work have not been respected, you must send him a letter of formal notice to complete it. This formal notice must be sent by registered mail with acknowledgment of receipt. In this letter, it is appropriate to talk about late penalties. These late penalties can be “damage to enjoyment” or “loss of rent”. The prejudices of enjoyment designate the impossibility of having been able to occupy one’s property during the work when the deadline has expired. As for the loss of rents, they correspond to the impossibility of renting an apartment or a house under renovation because of work still in progress.
IN CASE OF ABANDONMENT OF THE WORKSITE
If, despite the site meetings and the letter of formal notice, the contractor has still not returned, a report of abandonment of the site must be drawn up. Two professionals are competent to do this: a bailiff who will note the stoppage of the site, or an architect, who, as a renovation professional, will be able to see the cost of the remaining work, and the deadlines for completion. . Once the report of abandonment has been made, a letter of formal notice must be written to the contractor asking him to resume work quickly. This formal notice must cover the late payment penalties (ie damages to enjoyment or loss of rent). Maître DAMY is an expert in negotiation. Do not hesitate to consult it.
Société d’Avocats DAMY , Nice, Abandonment of site-delay of works, Update 2022.
