Maitre d'Oeuvre's enormous error that she is taking no responsibility for, and leaving us to pick up the pieces!

[sensorypulse]

Hi there

We are living in La Rochelle, and have just had two apartments built on land adjoining our home.

To ensure that we got through the minefield of paperwork and legislation without hitches, we employed a maitre d'oeuvre to draw up plans, submit them (via an architect) to the Mairie, and oversee the project.

We insisted from the start on going through all the correct channels for the work, and timed the construction immaculately to be ready for holiday rentals this summer.

The plans were accepted, but it was soon noticed that the architect she had employed had altered (without consulting us) the width of one of the buildings. She told us we would have to submit a modification request to reduce the building by 0.65 cm in width to return the building to the size we had envisaged at the start. She informed us this was a minor change, and that the work could go ahead in full anticipation of the modification being accepted.

This week, she has informed us that the "Batiments de France" have picked up that, for the height of the building, the proposed width in the demande de modification (the version of the construction that is now completed and standing on the ground next to our house) is not in accordance with building regulations and that the construction is "a revoir" (to be reviewed). This might mean making major structural changes such as removing the roof and lowering the height of the building, or demolishing all of the offending part.

In her contract, it states that her responsibilities as Maitre d'Oeuvre include "vérification de la conformité des documents d'exécution d'entreprises avec les documents contractuels, visa des plans" and "vérification de la conformité des ouvrages avec les stipulations du marché : réunions de coordination, inspections périodiques ou inopinées du chantier, controle de l'avancement des travaux".

This morning, we have received a lettre recommandé from her attempting to absolve herself of all responsibility for the project, saying her work is complete and we should be happy with it.

She says that according to the contract, she cannot be held responsible for the architect's error, and that any illegalities in the construction are no longer her problem.

What do we do?

All advice most welcome.

 

Jeremy Millington