Problems with French builder

[Mozman]

We have a home in Orbec, Normandy.

Recently we decided to do some more work on it and convert the other half of the grenier...velux windows, new stairs ...the usual drill. There is a firm in town which has its adverts everywhere and also makes a lot of being English speaking (though it is a French company)...even having the Union Jack prominently displayed on its publicity etc.  Anyway, got in touch, showed him what we wanted doing to our colombage longere (the other half of the grenier being a ready made example) discussed some details etc.

Went to see the work he is doing in town for a local businessman. (a prestige gift shop plus living accommodation above.) All was top quality and just the sort of work we needed. Careful, attention to details, beautifully finished. So we decided to have a solid wood floor fitted as well having seen the example.

We got the devis...not cheap...but we didn't mind  ...worth it for the peace of mind if the work was top quality. We paid the deposit. And he had the key and we told him no rush..(He said he could do the downstairs bit first and perhaps the rest after another job towards the end of the summer.)

We have just been over to France for the week and it seemed Monsieur considered the work finished. All I can say is that we have been appalled. Everything is wrong. The veluxes have clearly been fitted by an amatuer and tiles are missing. (He said the roof tiles were 'too brittle'...then he blamed the velux design!) I fear that one of them may leak. The side window is not fitted properly and is wedged in with scrap wood and not even level in the frame. The stairs are a flight of off-the-peg soft wood stairs which don't fit properly and are clearly unsafe: they are resting on what can only be described as a wooden box which serves as the bottom step. The treads of the stairs are at an angle (not square) and its held up by two long screws as far as I can tell. The wooden floor was sanded hard to disguise the grooves and when swept it was clear that some gaps were wide enough to insert a finger and so they were not located in tongue-in-groove and are lifting. Others are split. The step halfway down the room is not level and made of scrap wood and edged with the very soft balsa type deco stuff which can be snapped with one hand. Other bits of beading and trip simply pull out because they are stapled into thin air and loose. The new floor on one end of the room is moving and we find that the joists are only 2 by 2 pieces of wood. The new front door has no door frame, is made from floorboards...which have split .....is crooked and not even sawn level and to top it all the lock has been added so close to the edge that in order to turn the key they have scooped a chunk out of the brick surround. The cieling is not level.  There was a hole in the new cieling and he'd put a piece of spare beam over it. (Subsequently, when we had some French friends inspecting the work it fell down and, as well as breaking two decorative antique norman wall plates ....it was attached into the chip board cieling by ONE screw and anyone under it...it was in a man doorway....would have been killed because it must have been the equivalent of five bricks in weight.)

He gave us a bill for the remainder....and wanted paying quick 'because I have to pay the guys and Thursday is pay day'! Despite holes everywhere. The 'bill' was for 'water treatment' and he said that was to avoid TVA!! It doesn't refer to the devis at all!

We went to his workshop and found he was away. It has become clear he had cashflow problems and needed to rush our job. He has admitted that a lot of people have pulled out of having work done in the economic downturn and several people have cancelled orders. The french artisans said they hadn't worked on it (they don't know who has done the work but it isn't ...can't be... skilled workers we saw when we gave this man the contract....we suspect its the owner and some unskilled helpers who has done it on a diy basis) He only drafted one of them in for the last  push saying that he simply wanted it finished, that quality didn't matter...they were just to do everything on the list so he could put in his bill! His own workers were disgusted by what had happened.

Now we have another builder (a local mayor and uncle of a friend) who is going to redo the work....especially the velux! Plus having him survey the work for safety purposes.

We are quite bewildered. This so-and-so said he'd 'sort out the problems'...but they are so severe that we have taken our key back and will not let him back onto the premises. What I cannot understand is how he can get away with doing this ...really it is the most terrible botched DIY from hell standard work...for us while still managing to have a legitimate business around town with his signs proclaiming the work he has done. Really don't know where to go from here but feel totally mugged. We have parted with several thousand euros and have nothing but damage as a result. We felt we did everything the right way...checked his serit no., checked his work....got a devis etc etc ..... and feel he is  singling us out because we are not French. This is a small town ...if he was a cowboy with everyone it would be more understandable. But we feel singled out as victims as he carries on being a legitimate builder all over town..... everywhere, it seems, but on our country cottage.

[Nick Trollope]

Firstly, don't get any remedial work done until you have made a claim against the builder. By doing so, you will lose any chance of claiming.

Lodge a claim with his insurer (you did get his insurance details?); If you have "protection juridique" with your household insurance, they will help you.

Expect a long battle.

 

[plod]

I am really sorry to hear this, however for anybody else who is planning to have work done may I offer the following...we have used some seven or eight different artisans (all French) and have never been asked to pay money "up front".

I hope you get some remedy for your situation although I share the pessimism expressed.

[Mozman]

Well we paid the 30% which is the usual practise when accepting a Devis. We've had quite a lot of work done in the past ....and yes we have been asked for the deposit, although it must be said not necessarily before work actually commenced. I can see the need for it, especially when a job involves costly materials.

In this case we paid the deposit about 3 weeks after work had started.

I appreciate the responses...but I must say I don't see why this man should get away with this kind of shoddy and frankly dangerous work. What on earth is the point of all the legislation that is in place otherwise? What is the point of getting a proper devis with a siret number and inspecting work done by an artisan....if none of it has any relevence to what you get at the end of it.  We won't be paying this man any of the outstanding money....even if we were to be boiled for it. As for the deposit, well, there is more than one way to skin a cat and as he decided to play dirty he can find we play rough too. I'm not going to play by the rules while he flaunts them. I feel its my duty to stop this man in his tracks. Just going along with this long-winded and one-sided system will only encourage him to cheat and lie to someone else.

He is striving to maintain a reputation as a quality builder and we have caught him lying several times...starting with the whole TVA arrangement and including him putting his sign on work that isn't his but done by another builder.  He relies heavily on ex-pat business...that is his main pitch as he is a Parisien and not a local man. So I intend to fight fire with fire and do as much as I can to ruin him. If he doesn't want me to report him to the tax man for his activities (we have a written bill which doesn't correspond to the devis but is for another service entirely and doesn't include TVA) and if he doesn't want pictures of the work he did on our home circulating in flyers, and any other means....fair or foul....at my disposal.....then he will refund our deposit. Because I won't stop until he does. He's obviously sailing close to the wind as it is...but I intend to see him out of business. I will enjoy doing it, too.

[NormanH]

Be careful not to assume you can attack him in ways that might be legal in the UK without checking if they are ok here.

I presume your French is up to the task you have set yourself.

[Chancer]

[quote user="Mozman"]

 So I intend to fight fire with fire and do as much as I can to ruin him. If he doesn't want me to report him to the tax man for his activities (we have a written bill which doesn't correspond to the devis but is for another service entirely and doesn't include TVA) and if he doesn't want pictures of the work he did on our home circulating in flyers, and any other means....fair or foul....at my disposal.....then he will refund our deposit. Because I won't stop until he does. He's obviously sailing close to the wind as it is...but I intend to see him out of business. I will enjoy doing it, too.

[/quote]

Have I understood you correctly you have paid the 30%  accompte which you correctly interpret as to fund the materials, and have not paid any more since?

If that is the case whilst I agree with you not wanting to pay the rest until the work is satisfactory do you really think that such a "rogue builder" (I dont like the term but it seems appropriate) is going to walk away after having refunded your accompte which was spent on materials now installed in your property, not to mention the money that he has paid to the workers (black or otherwies) and of course his (to his mind) well earned profit?

You might want to channel some of your energies into considering what actions to recover his "loss" he may be planning at this very moment.

Editted.

Having read your original post again I get the impression that you dont have a detailed specification (or even perhaps a devi) for the job, you do speak of your longere being a ready made example and having discussed some details.

If he is thinking about this more calmly than you he may simply pursue you through the French legal system as it appears that he has done the work contracted, and then let the expert witness reports used at the tribunal decide on the quality of the work and ultimately influence the tribunal.

Please take time to take expert advice and think calmly about any repurcussions before taking any precipitous and perhaps illegal action.

[JMB]

First of all you should write to the builder (R A d R) pointing out all the faults and any deviation from the devis/invoice. If he hasn't given you a detailed invoice then ask him to do so. In the meantime it would be a good idea to have an expert dealing in construction matters to give you a report on the quality of work and if it is as the devis/ invoice. Then you can send the builder a copy of the report and suggest you both get round the table with the Expert and start meaningfull discussions. Be very carefull about involving the law, it is always expensive and usually long (as in years). I never give "artisans" any money up front having been bitten once which is enough for me.

[WJT]

We have had numerous artisans work here as well and they have all stated in their devis 30% deposit upon acceptance. It is definitely the norm here and I don't know how I could accept a devis and tell them I will not pay the 30% deposit. Here it has always worked that the payments are made in three stages, the deposit, one in the middle of the work and the final payment once all of the work is complete. Perhaps it differs in different regions.

I wish you luck Mozman, I can certainly understand your anger and hope you get justice with this builder.