10 Year Builders' Guarantee (assurance décennale) - anyone ever had to call anyone back to fix something?

Hi Stella, I still think it’s a good idea and we were going to (and I still want to put a bug in his ear just so he knows we know) but I think we’ve decided to just go ahead and take care of it ourselves and save the headache of dealing with someone else’s history. In the long view, why would I want someone back who did such shoddy work in the first place? I rather start fresh with someone we have chosen to do the work. We’re lucky as our situation is simply a valley in the roof not being done correctly but which shouldn’t be a big deal to fix; I can’t fathom other folks’ situations! Like Les with his new house build - quel horreur! :frowning:

You’ve decided not to involve the Notaire, so let’s hope nothing else (nasty) turns up further down the line.

At least you are now well aware that you have bought a property from someone who does not appear to have taken the necessary steps to ensure quality of workmanship etc. For your own peace of mind, as well as security, you will need to be suspicious of all works which have been carried out.

Good point Stella. It is obvious a number of things were done on the cheap as it was mostly a summer house. Perhaps it is a good idea to notify the notaire (who is of course on holidays now) sooner than later - just to see how he responds. Can’t hurt and might help. Thanks again. Will let you know how we get on!

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Dear Fabian just asking further advice ,the contractor has responded he says that he purchased company 3 years ago ,he says he does not know where previous owner is ,I found him in the local phone book, the new owner has same plant depot Tec but has added (sarl) after the company name , I will ask him for his decinalle insurance but will he be liable or will the previous owner be liable . There was no decinnale insurer on the letterhead… I am having my specialist expert coming tomorrow to evaluate whether I am right to proceed best wishes chris

Good morning Chris,

If the new owner kept the same siret number (company registration number) then he is liable as he bought the past liabilities alongside the business. So even if he changed the name he might be liable if he has kept the same number.

If the former company no longer exists (different number) and if he wasn’t insured then there is no way out except a legal procedure against the previous business owner in person (but I wouldn’t put much hope in the procedure unfortunately).

Hope this is helpful?

Kind regards,

Thanks Fabian again for your solid advice ,the firm has continued with the same insurance policy and accepts it is liable if faults are found. Next hiccup seems that my legal assistance with axa costing over 80 euros a year as the construction was done in 2009 they won’t give me legal assistance ,the seriouss faults only came to life now my previous legal assistance was with alliianz I changed in 2014,they say go away see axa always a minefield in france thanks again chris

Just thought I’d let you know that we did contact notaire and as I expected they basically said the house was purchased in that state so too bad so sad. But they’re at my ‘disposition’ all the same. :wink: I think given the givens and hearing some of the other stories my initial question inspired, we feel darn lucky in the overall. As this is our permanent home and not just a summer fling, we feel fine investing a few shekels here and there to get things to form. Just thankful we did as well as we did this being our first ever home purchase and made from another continent on one reconnaissance no less! Just want to get on now enjoying the simple life. Who knew it would be so complicated to live simply? Gotta pick my battles - next one: how the heck does one stay ahead of the spiders everywhere??? These daddy long legs seem to materialize out of thin air?

@Lison_McCullough

Obviously, the Notaire feels this is a minor hiccup with an old house…but, he is there if you need him…

Here is something that happened not too far from me, nearly 5 years ago now… An Englishman sold his home to a guy from Paris. Everyone very happy.
A little way down the line the Parisian finds a leak…goes to get it fixed, then discovers that the Englishman had done all the plumbing himself, using UK fixings etc… long story short… the Englishman was bankrupted…and the Notaire was the man who got the ball rolling…

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Wow!! That’s quite a story!! I wonder if the end would’ve been the same if the new owner happened not to be Parisian but ‘other’? Tricky business all the same! I’m glad we noted our concerns in writing to notaire as an ‘historical’ document if nothing else - thanks to you. I guess in the end, it all depends on individuals…

@Lison_McCullough

Whoever bought the house would have had the same problems… UK fittings are rarely compatible with French plumbing stuff… so gives a real problem…

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Dear Fabian just to confirm as I have experts report which took 12months for him to produce,I commenced legal proceeding thro very good advocate but she has had to withdraw because of conflict of interest. A meeting with the decinnale insurer and contractor arranged by expert but nobody turned up. Can you advise me ,I intend visiting the decinnale insurer just to confirm contractor was not covered for the failed part of the job then I will report to the police ,question t to you do the police take actions because the fine is paid to the French gov’t or do I take the firm to court for not having decinnale yours chris flannery

(noting that Stella’s post is over a year old but as the thread has had a recent addition).

I’ve heard (probably on SF) of UK owners who just brought stuff over wholesale and did the whole house with it - only to have problems later and find French plumbers won’t touch it - requiring expensive and extensive remediation.

You can actually use some stuff - 1/2" BSP fittings are OK on 14mm pipe (I think 16mm also) with a change in nut+olive and I bought 12mm pipe in the UK as it is cheaper - this is because it has a thinner wall at 0.7mm than the French stuff which is 1.0mm thus, technically, UK pipe is “inferior” but it is still rated to any pressure you’ll find in a domestic set-up.

Waste pipe is annoying and you can easily be caught out because both UK and France both use “40mm” - but we measure the inside of the pipe and the French measure the outside.

Hi @Chrisflan, I’m so sorry to be reading this, I can’t imagine how troublesome the situation must be for you and I hope everything will get back in order as soon as possible.

Your intend course of action is probably the best (although I’m no lawyer so my advices should be taken with a grain of salt). Going to the builder’s insurance first (Assureur de l’assurance Décennale) and ask for a copy of the attestation of cover, ideally ask them for another attestation, stating whatever he was (or wasn’t) covered for the job he did on your house (join a copy of the invoice for the job done). With a copy of the invoice + attestation(s) then you can (should? ;-)) take the matter to court as the police probably won’t mind that (although they could fine him indeed but that wouldn’t help you solving your case).

To sum up:

  • I would ask the builder’s insurer for a copy of an attestation covering the period of the job he did on your home (this is mandatory, you ask for this they have to provide it to you) + ideally a written attestation from them that he was (or wasn’t) covered for the job done (although this isn’t compulsory for them to do this so I don’t have much hope about that one).
  • The attestation(s) + copy of the invoice are solid enough to build up a case and bring the matter to court, this might take a while but if you have both documents, odds are very high that you’ll be declared as the “winner” of the litigation with the builder.

Good luck with the procedure, hopefully the builder will come and fix this when he sees you won’t give up and are willing to go to court.

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Dear Fabian thanks so much for your further advice yours

Chris flannery

After a short search I have just found this thread, and found it so useful.

7 years and one month ago (tomorrow) major works were completed on our kitchen and adjoining bathroom. This included replacing the entire floors of both and the wall between them. Much was not done to our satisfaction and other stuff promised did not materialise but we lived with it unwilling to have the man in the house again (to replace a few cracked tiles for instance). His attitude lacked sensitivity too, at one point, on seeing how frail my wife was after a return from a hospital appointment, he asked me if he would still get paid if she died. :astonished:

But I feel now is the time to contact him as yesterday morning a slow water leak has developed at floor level in the doorway between the 2 rooms. This is very dangerous for my wife as she cannot walk unassisted and even then it is dodgy.

The leak is from behind the skirting board of the shared wall on the kitchen side. As the kitchen sink is on one side of that wall and the bathroom shower on the other, that wall obviously contains water pipes and is probably the entry into the house for the mains supply.

I was worried that he might allege that it was frost damage although the leak started after several days of relatively warm weather, but now think that even if it was, surely the adequate lagging/insolation of the pipes concerned was his province being as it is entirely within a wall that he constructed.

I would welcome any comments but in the first instance, this morning, have sent him an email asking him to come round to inspect with a regard to remedy. I knew nothing of decennials when the work was done so didn’t ask for sight of his insurance. Hopefully, he will realise what has happened and rectify it without cost to us, so I will give him till Tuesday (a full workday space after the holiday) to come back to me before taking it further.

As an extra to this thread, do people realise that if they do not pay the artisan in FULL for works done, he does not have to give a guarantee as it is null and void due to non-payment! This is true because OH offered to return to fix something but because the client had not paid the final bill,the TGI judge ruled there was no guarantee as did the insurance company!

I know that wasn’t aimed at me @Shiba , but, not only was this bloke paid in full, he demanded part of it in the middle of the contract “in order to pay his end of month suppliers” despite the terms being very clear in writing - “1/3 on acceptance of the devis, 2/3 on completion of the work”, so I think we are safe on those grounds. :wink: :smiley:

We paid in approximately 3 separate instalments.

Never would have aimed it at you David, never crossed my mind but there are some people inthis world who don’t pay their way and this is directed at them,such as were the adversaries in our court hearing.

Had a rapid reply to my email this evening:

Hello David,
Thank you for your message, and I’m sorry that you have a problem.
I have just reviewed the photographs that I took during the duration of the work and they show that we rebuilt the wall around your original plumbing.
I would suggest that the leak to the original plumbing has been caused by the recent severe cold weather and that you contact your insurance agent and ask for an emergency plumber to come out and repair it.
Regards,

I was expecting him to blame the weather but a burst pipe would have been in evidence days before.
I somehow doubt that he ripped out a complete wall and removed whole floors of 2 rooms while leaving water pipes sticking up in the air, in November.

However I will contact the insurance as he suggests and see what they say, if they offer to, and find, a plumber who is willing to come and look I will be happy with that. My main aim is to get it fixed, whoever pays the cost.

Well no reply from the insurance and the water needs mopping every few minutes on the tiles, but I have now decided that the leak is from pipes under the sink and not the wall but I can’t see exactly where.

However, I have managed to hold my finger under a drip and it is warm, so have decided that the best course immediately is to switch off the supply to the chauffe eau. At first the cut off was so tight that, as I couldn’t be sure which way it went I didn’t want to break it, but now after a squirt with WD40 it moves easily down wards.

But I haven’t done it yet because I don’t know how to cut the electricity supply to it before draining the tank.

So the really need to know answer is, does the electricity automatically cut off if there is no water to heat, or will I blow the house up?