Dispute with builder

[Choochoo]

Hi everyone

We had our old tumble down wall rebuilt by a French builder. He has done a very good job but the wall was rendered in two seperate lots and they do not colour match.

I have written to him twice and have received no response. At the moment I am withholding payment but wonder how long I can do this.

Is there a rule for such disputes in French law ?. Do I pay him some and withhold a reasonable sum to encourage him to rectify the situation ?

I dont want to fall out with him over this as he is a local man and well liked in the community.

Any advice would be appreciated.

Thanks

John & Sue

[Chris Head]

He's done a very good job but the colours don't quite match and you're witholding payment? Hmmmm, what did you want from your post? Expert advice as to how to sue the artisan? Or perhaps he should be compelled to strip the render off and find a render that matches a little better? Have the courtesy to pay the chap quickly for his good work and he might just want to come back in the future and you might just save yourself from being badmouthed and not finding artisans locally in the future!

Chris

[thunderhorse]

He said that they don't match, not that they don't quite match. World of difference. At the end of the day OP hasn't described the colour variation. Minor, or significant? What was the original agreement? Is there an independent arbiter?  Have you visited the artisan in person? Often worth it.

Pin the blighter down in person and get him back to the site. Sort it from there. But for advice and opinion here, we need more info. [:)]

[chris pp]

If you think that it's not what you have agreed to and there is an obvious difference in colour, try to speak to the artisan in person first, then if you still not happy you will need to get a Constat from a Hussier in the first instance, this is acceptable in law and is "evidence". These types of issue can be a long winded process, it's better if you can reach an agreement.

I don't agree with Chris H about this, sorry,  if you pay for something, that's what you should get, not "well it isn't right, but so what". It's the artisans job, it's what they are supposed to be able to do.

Chris

[Choochoo]

The colour difference is quite noticeable, most people that come comment on it. The original agreement was to rebuild the wall and render it afterwards in a coloured render, colour chosen by us. He did one half to the left, and the other half a week later but obviously used the wrong colour. I dont want to get a reputation as a bad payer or a winger, just wondered if , legally, I can withhold total payment until the problem is rectified.

Thanks for all the advice so far.

John & Sue

[Chancer]

How do you consider the problem can be rectified?

[zeb]

You say you've written to him twice - maybe he is a normal builder type chappy who gets no time to write letters, emails etc. Have you tried phoning him (between 7pm-8.30pm) or driving round and asking him face to face (nicely) what the problem was? Maybe it was a complete error - the sacks he ordered of the same colour code turned out to be different batches and he didn't notice until work was progressing and now doesn't quite know how to rectify the situation.

Most builders I know are mortified if a job goes wrong and go out of their way to put it right, but some become ostrich like! Talk to the man. It's no good whinging on here until you have done so and worked something out between you. Then, if there are still problems, take alternative action.

Good luck.

[Iceni]

You won't resolve the problem here - talk to the man and you might, don't talk to him and you won't.

John

not

[toffeeman]

You are covered on your French house insurance for bad workmanship by registered artisans . I think it is dealt with by the :-

Europeenne de Protection Juridique , Siege Social ,7 Bd Haussmann 75442, Paris Cedex 09 

but you do have to go through your insurance agent to begin with .