Calling in the insurance

[Ernie]

So here we go again. Apologies for going over old ground. My highly reputable and well-known English builder (maitre d'oevre) produces unbelievably shoddy work, blames it on the various guys who've done the work, gets to be over a year overdue, sends blokes to the site less and less often. He finally agrees that there are outstanding jobs to be done, and several jobs to be redone. This is only achieved through getting him to admit that the job wasn't covered by insurance - even though he's come on this site and given advice to punters on why and how all builders should have insurance! (Yes!). So, reluctantly, he took out insurance on the job promising to have it finished by the end of Feb. He did a few things, including making one thing much worse and again he's ground to a halt, leaving several jobs not done, whilst renewing his insurance till next year. He now refuses to respond to emails or texts, so I've contacted his insurance. I'm interest to know what I can expect to happen next. Meanwhile his builders have created several major hazards on the site in the full knowledge that when we occupy we bring very young children. The kitchen (elex), the stairs (the balustrade) , the back terrace (dangerous rubble dumped; an upstairs shutter swinging loose) and the garden 'Evrite' identified by the survey as containing asbestos was buried just under the surface) would all be identified by any surveyor as seriously unsafe.

[Kergohy]

Sorry to add another one about insurance - I found this article on the 'Que Choisir' website after I got the penitent email from Wanadoo that probably a lot of us have had.  I'm now worried - the company that did my timber treatment may or may not outlast the 'guarantee' they've given!

http://www.quechoisir.org/EnqueteDetail.jsp;jsessionid=1D6BA92F77B7A3F764E295D188571BA6?id=Ressources:Articles:8BE4612F3C957B0AC1257118004E4802&catcss=LOG102&categorie=NoeudPClassement:4110B8435E3EAAA5C1256F0100348F8A

 

[Ernie]

Should anyone be following this story, then I can tell you that the insurance company in question wouldn't accept an email or a fax. I only found this out on ringing them some couple of weeks after I sent them. The company claimed it had no record of having received either but that would be because you have to send in a complaint against an insured builder by lettre recommandee ie recorded delivery and sending a copy simultaneously to the builder. This we have done and they should both get their letters some time this week. I'll keep you posted. In the meantime, perhaps this will serve as this forum's test case of the decennale insurance. ie who does it protect? do the insurance companies get stuck in, or sit on their hands? is it worth the paper it's written on? did Napoleon invent it in vain etc etc? If anyone has good/bad insurance stories I'd for one would like to read them.

[Lizfjr]

You do have another option, you know. Have you thought of the Tribunal D'instance?

I had cause to pursue a company (in very similar circumstances) because they had supplied a devis and not done the job, then tried to keep some of the deposit back for non existent work.

I went to an avocat and briefed him on the case. He wrote a letter to the company and they replied to him in English (!!).

He warned them that if they did not repay, they would go before the tribunal.

The case appeared in the tribunal in April, and days beforehand they sent a cheque to my avocat, though it had not cleared by the date the case appeared  in court. The case has now been scheduled to re appear next Thursday because if the cheque bounces things get even more serious.

The cheque was for  the money they owed me, plus damages, plus all my fees which the lawyer had claimed.

It was a good experience to go to the court and I tell you what, has sharpened up my French no end!

The worst thing to overcome was my embarrassment of taking another English company to court, and the fact that they thought that they could use English. It didn't put us in a great light. Neither my avocat nor the Juge were impressed at their use of English. But my avocat was most helpful and sympathetic to me.

If you want any hints, happy to answer a pm.

Liz