Construction lawyer in Nice for English-speaking property owners

Contents

• Who we act for
• Delivery of the works: the date that matters
• The statutory guarantees
• The builder has abandoned the site
• Late completion
• The court-ordered expert: how French construction disputes are decided
• Working with us from abroad
• Frequently asked questions

Who we act for

Non-resident owners who commissioned a renovation or a new build from a French contractor or an individual-house builder. Buyers of an apartment or villa sold off-plan (vente en l’état futur d’achèvement) by a developer. Co-owners facing defects in common parts. Owners who have bought a recently built property and discover defects covered by the builder’s statutory guarantees, which pass to successive owners.

Two rules shape every French construction case: the date of delivery (réception), which starts all the statutory guarantees, and the principle that nothing should be repaired or handed to another contractor before the defects have been recorded in the presence of the other side. We explain both below.

Delivery of the works: the date that matters

In French law the owner formally accepts the works, with or without reservations, at delivery (article 1792-6 of the Civil Code). This is the single most important act of the project: it starts the statutory guarantees, transfers the risk of the building to you and, in principle, covers any visible defect you did not list as a reservation. Never sign a delivery report lightly, and list every visible defect. If the contractor refuses to attend, delivery can be pronounced by the court. If you moved in and paid the balance without a report, French courts may find that delivery took place tacitly, which then sets the date for all deadlines.

The statutory guarantees

Three guarantees run from delivery. The one-year completion guarantee (garantie de parfait achèvement) obliges the contractor to remedy every defect listed at delivery or notified in writing during the year (article 1792-6). The two-year guarantee covers equipment that can be removed without damaging the structure, such as boilers, shutters or water heaters (article 1792-3). The ten-year guarantee (garantie décennale) makes every builder liable, without proof of fault, for damage that compromises the solidity of the building or makes it unfit for its purpose, including leaks, structural cracks and failed waterproofing (articles 1792 and 1792-4-1). A developer who sold you an off-plan property owes the same guarantees (article 1646-1), and they benefit successive owners.

Every builder must hold ten-year liability insurance, and the owner who builds is required to take out a damage insurance policy (assurance dommages-ouvrage) before the works start (articles L. 241-1 and L. 242-1 of the Insurance Code). Where such a policy exists, a claim to the insurer is the fastest route: the insurer must take a position within sixty days and make an offer within ninety days, and it advances the repair costs before pursuing the builders. Many foreign owners do not know whether such a policy was taken out; we check the documents first.

The builder has abandoned the site

An unfinished villa, paid in advance, with a contractor who no longer answers, is one of the most common files we see from foreign owners. The steps are set by law and by the contract: a bailiff’s report (constat de commissaire de justice) recording the state of the site, a formal notice giving the contractor a deadline to resume, then, if nothing happens, termination of the contract at the contractor’s fault and a claim for the cost of completion and the delay. Where the contractor is insolvent, the claim is filed in the insolvency proceedings and, for an individual-house contract, the statutory completion guarantor steps in.

One rule must be respected whatever the circumstances: do not bring in another contractor to finish or repair the works before the state of the site has been recorded in the presence of the first contractor, either at a meeting to which he was formally invited or through a court-ordered expert. Works completed without that record cannot be charged to the defaulting contractor. Our French page on site abandonment explains each step.

Late completion

For an ordinary building contract, the penalty for delay written in the contract is due only from a formal notice, so the owner who lets the delay run without writing loses the penalties for the period elapsed (article 1231-5 of the Civil Code). For an individual-house contract with plans, French law makes penalties compulsory, at a minimum of 1/3,000 of the price per day, and the statutory guarantor covers penalties beyond thirty days of delay (articles L. 231-2, L. 231-6 and R. 231-14 of the Construction and Housing Code). For an off-plan purchase, the deed must state the delivery date, but penalties exist only if the deed provides for them; the developer’s usual clause listing legitimate causes of delay, such as bad weather, has to be justified day by day, and this is where most disputes are won or lost.

The court-ordered expert: how French construction disputes are decided

Most construction cases in France are decided on the report of an independent expert appointed by the court, on an urgent application made before any trial (article 145 of the Code of Civil Procedure). Since 1 September 2025, for a measure concerning a building, only the court of the place where the building is located has jurisdiction, which for the Riviera means Nice or Grasse. The expert visits the site, hears all parties, identifies the causes, allocates responsibility between the contractor, the architect and the sub-contractors, and prices the repairs. His report then frames the trial. The application also suspends the limitation period, which matters when a ten-year guarantee is close to expiry (article 2239 of the Civil Code).

The expert’s investigation is where the case is won: written observations (dires) are exchanged after each meeting, and every defect must be tied to a guarantee and every figure discussed. We attend the site meetings and draft the observations on your behalf; you do not need to be present.

Working with us from abroad

The file can be opened by e-mail. You send the contract, the plans, the delivery report if any, the insurance certificates, photographs and your correspondence with the builder. We tell you which guarantee applies, whether an insurer can be involved and what the realistic route is. Fees are quoted in writing before we start, depending on the file.

In all cases the proceedings are conducted in French, as French law requires: the formal notice, the writ, the expert’s meetings and report, the written submissions, the hearing and the judgment are in French, and any document in another language must be translated for the court. We explain each step and document to you in written English; calls and meetings are held in French, with an interpreter of your choice if you wish.