Advice please - Builder Has not returned

[butear]

Hi all,
New to this forum and to date have enjoyed reading and taking on some valuable advice. I have a problem with a builder. I have a house in Brittany, Baud. Devis dated12th March 08. The builder – registered, has completed only half of the job and missed a window. We have paid for work done so far including a missed window (we thought it would motivate him to put it in), but to date has not returned and issued us with another devis for the missed window that was originally included in the first one. The cost for the window in this additional devis is massively inflated – his mistake in missing it now entails him having to cut out a hole in the wall! Us not agreeing to this he has failed to do any more work, with winter & the rain the house is open to the elements and really needs finishing. If we decide to complete the works ourselves, are we liable for a penalty for doing this? Big Thanks.

[giantpanda]

Hi!

You have mentioned what you have undertaken to hear what is happening.

Has he gone bust? Has he too much work elesewhere etc. etc.

You need to start talking with him - and if your French is not good enough, bring a French who can help you.

Yours,

pomhorn

[frogblogger]

Firstly in France there is a legal obligation for the builder to supply an estimate on any work in excess of 150 euros. Once signed, it becomes a contractual obligation on both sides - you to pay, the builder to conform to the terms of the agreement. Was the original devis signed both by you and the builder, and do you retain a copy? Was the original devis sufficiently explicit with respect to the size/materials/location etc of the missing window?

If so you are in your rights to claim compensation in court if an amicable arrangement can't be arrived at. Before going to court, assuming this is a registered 'artisan' and not some cowboy operator, you can first lodge your claim with the 'Chambre des Métiers'. The artisans aren't too keen on this sort of thing reaching their professional organisation, so that's worth a try first. Plus it shows you are serious.

For Baud in the Morbihan, the Chambre des Métiers is here:

Chambre de Métiers et de l’Artisanat du Morbihan
Région Bretagne
Boulevard des Iles
BP 311
56008 Vannes

Tél : 02 97 63 95 00
Fax : 02 97 63 95 42

Mail : accueil@cma-morbihan.fr
Web : Chambre de Métiers et de l'Artisanat du Morbihan - Portail Artisan
ODACE - Entreprendre en Morbihan - Création entreprise Morbihan, Entreprendre en Morbihan : Accompagnement des créateurs d'entreprises Agriculture, Artisanat, Commerce, Profession Libérale, Services
Président : Madame LE RAY Marie-Christine
Secrétaire général : Monsieur LE MESTRE André
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Pete - Frogblogging from Chiang Mai

[butear]

Yes we have had someone to liase with him - he keeps giving an excuse to avoid completing. A good word Amicable (Pete) - thats what we have been trying to do, try and keep it friendly. Yes we have a signed a Devis, and as I understand it he is registered. We have been reluctant to go down the legal route on account of the cost implications. Writing to 'Chambre des Métiers' a good idea and will act on it, to make them aware of his behaviour. Thankyou for the Address. Any Idea as to the legal implications if I decided to finish the job myself - will I get penelised in any way. Thanks Sam

[frogblogger]

Originally Posted by butear

Yes we have had someone to liase with him - he keeps giving an excuse to avoid completing. A good word Amicable (Pete) - thats what we have been trying to do, try and keep it friendly. Yes we have a signed a Devis, and as I understand it he is registered. We have been reluctant to go down the legal route on account of the cost implications. Writing to 'Chambre des Métiers' a good idea and will act on it, to make them aware of his behaviour. Thankyou for the Address. Any Idea as to the legal implications if I decided to finish the job myself - will I get penelised in any way. Thanks Sam

That's something you would need to look into very carefully - I reckon it depends on how much of an opportunity you have given the builder to rectify the problem, the time lapse, the exact wording of the agreement, written exchanges, etc.

Logically the worst scenario would be you having to pay the original estimate in full, but logic doesn't always enter into it.

Also if you decide unilaterally to do the work yourself you would certainly either lessen or possibly even lose any rights to compensation from the builder. As things stand, without seeing the agreement, it sounds as if you have a pretty solid case.

I would ask the Chambre des Métiers for advice in the first instance, if you really can't get anywhere with the builder himself. Reputation is important to the artisans especially in small communities, and he won't like the idea of things being taken to the CdM. On the other hand in France, especially out in the sticks, there are the official laws, and then there's the practical local way of doing things. Not always the same! You're right to think about avoiding confrontation if you can, but it's good to appear reasonably resolute as well. As a 'guest' in the country, it's not always easy to find the right balance!
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Pete - Frogblogging from Chiang Mai

[butear]

Advice taken on board [I]"I would ask the Chambre des Métiers for advice in the first instance,"- [I] I have emailed them giving a summise of whats gone on. I have asked again the builder via a friend (French is much better than mine) of his intentions. Advice given I shall wait a week and if no joy write to him informing him that Chambre des Métiers have been contacted. Asyou say finding the right balance - not easy. Shall wait to hear from the Chambre des Métiers / builder. Will also find out about how to legally terminate a contract - I guess a notaire will have to be involved. Thanks again. Determined to get there!

[butear]

Have just returned from France again and this time with good news. Thought I'd bring to the forum the outcome of my "Builder failed to return " thread in Nov 2008. Took all of the advice on board and wrote a letter and emailed to the Chambre de Métiers et de l’Artisanat du Morbihan. No joy there. Next I wrote a letter asking the builder if he had any intention of returning - if so when, mentioned that Notaire had been consulted and legally the law was on our side. Again it was the same old story - that yes intentions of returning but weather and other work reasons for daly. But it was a response at last. The forums advice to continue to keep the communication going and to stand firm. Next letter included photos taken of the property detailing poor workmanship and missed window, this in Feb 2009. This time we suggested that we will do the work ourselves, effectively terminating the contract and then seeking commpensation. We gave the letter to his office. We started to work on site. Whilst there the builder turned up - wow ! smiling he saw what we were doing, gestures of goodwill he gave dates as to when he would get finished. We again stood firm and insisted that he return to start asap. And to our surprise he did, the very next day. We left in Feb with a few bits and bobs outstanding he was even ok about waitng for payment until he had finished. He Put right the missde window, looking across acres of sweet corn - making it all the worth while. The gist of this as that there is to keep at it to remain firm and seek advice - the forum brilliant on that. So yes good to be able to report a good outcome I hope this helps others who are in the same position. Were now sorting out the plumber ! all ok at the moment.