How do I sue someone for unsatisfactory work?

[wiseinhindsight]

We have been having some work done for well over a year - there have been problems at every turn, not all of which have been satisfacorily resolved.  We have now had enough, and wish to get our money - or a proportion of it - back, and get someone else in to sort out the problems.  Unfortunately the money has all been paid out, as some of the faults didn't come to light immediately.  Should we go to an Advocate, or if not, what is our best option?  The company in question is registered etc.

[catlady]

I'm in a very similar situation (could it be the same builders?!) and have already started action...I went first to a Notaire who put me in touch with a Huissier. The latter is a legal bailiff/surveyor who came out and inspected the problems, has produced a "proces verbal de constat" which is a document detailing everything, and is dealing with the builders on my behalf.

Like everything in France, it will take some time! However the system should work, eventually.

 

 

 

[Nick Trollope]

[quote user="catlady"]

I'm in a very similar situation (could it be the same builders?!) and have already started action...I went first to a Notaire who put me in touch with a Huissier. The latter is a legal bailiff/surveyor who came out and inspected the problems, has produced a "proces verbal de constat" which is a document detailing everything, and is dealing with the builders on my behalf.

[/quote]

Exactly the right approach.

Additionally, you could inform his insurer of your complaint - they may send an assessor (which won't cost you, unlike a Hussier).

Bear in mind that it is very difficult to recover most of the charges that you will incur in collecting the money. Furthermore, it is not guaranteed that the Hussier will be able to allow someone else to do the remedial work, the original Artisan must be given first bite.

[wiseinhindsight]

Well in our case the original artisan has been biven first bite - but now I don't want him anywhere near as he is simply not capable of putting things right.

[AnOther]

I can understand your feelings but I fear intransigence will not assist you in this situation.

As Nick explains, 'First bite' means the opportunity to put it right and however much that goes against the grain it's simply the way it works here and if you are unwilling to let him try I think your claim could be come fatally stalled. Perversely of course it is the getting it wrong a second time which gives you the best and most valuable ammunition to pursue recompence.

Good luck anyway whichever way you choose to proceed [:)]

 

[Stefan]

wiseinhindsite

From practical experience with artisans and an architect I would say you are getting sound advice, as others have said thats the way it works here.  Like it or not you have to give the original Artisan an opportunity to fix any faults before getting somebody else in. .