Received court summons

[Cfcjohn]

I employed a French architect to design and project manage a barn conversion for me.

He was a good architect but a hopeless project manager.

He did not do the work (up to sending details to artisans to get devis) as he promised, so that the land with the barn grew enormous weeds and I became subject to much pressure and threats from neighbours as I struggled to find someone to keep the land tidy from afar (I'm based in England) .

It is something I expected to be part of the project management ie on-site problems, but I was left to deal with it all.

In the end when I received an email to say he couldn't produce any of the builders estimates I had been waiting 6 months for, until I told him where the kitchen sockets would go, I told him I was no longer continuing with the project and would sell the barn.

The following day he produced the estimates ready to send to artisans and a bill for 7000 euros for this phase of the work.

Subsequently I received a letter from MAF threatening legal action.  I responded to MAF (by email, fax and telephone) and the Architect (by email) asking for copies of the signed contract ( I don't think we even got around to signing a contract), detailing the events and correspondence proving the work was both late and completed after we said to stop, and asking what he meant by claiming compensation for an abusive attitude!

I received no reply to any.

In the writ he claims I did not reply to the MAF letter at all!

I had already paid over 8000 euros for the work to date (drawings and planning permission) based on a phased 11% of estimated total cost.

I'm being sued for the invoice+interest, 1000 euros for damages, 1200 to the court and all legal costs.

Any advice, much appreciated - my French is up to schoolboy standards!

 

[Hegs]

I think you need a bilingual avocat.

But also have a look round www.architectes.org/ the architects professional body. I believe under some circumstances they have to go to arbitration before any legal action; there is almost certainly a complaints procedure. If you can show that they acted outside expected behaviour (e.g. not signing a contract or following professional rules), it will no doubt strengthen your case.

[Logan]

Stating the obvious for a moment. You need to employ the services of a good lawyer used to disputes of this kind. He will demand sight of any documentation and assess it's validity. He will also advise on your next best move. Thing is a 'good lawyer' is hard to find. Even harder is a cheap one! Ask at the UK embassy or consulate for a list then it's pot luck.

Be advised your architect has a union who's lawyers will sue the pants off you given half the chance. That's their 'raison d'etre.' Architects and builders pay lots of money into a fund just for that purpose. France is not like UK. Threats and counter threat are meaningless. They sue just because they can without cost to themselves or sanction for future activity. There is an old adage to consider in your position which says 'your first loss is always the cheapest'. French tribunal action is a money pit, lasting forever and almost never takes the side of an etranger.

My advice is takes the cheapest exit. ce tout!

[Viv]

sent you a PM

[SaligoBay]

I'm sorry it's too late, but you should ALWAYS send important letters by recorded delivery, i.e. you will have proof that they received them.

[Mpprh]

[quote]I'm sorry it's too late, but you should ALWAYS send important letters by recorded delivery, i.e. you will have proof that they received them.[/quote]

Hi

SB is right on this.

I send quite a few : and the cost mounts up.

So, does anyone have any thoughts on avec (or sans) accuse de reception ?

My experience with avec is that some people refuse to accept them and they come back unopened months later.

Is "sans" a better way to go, since you at least have proof of delivery ? How would this stand up in court ?

If it is absolutely crucial : use an huissier to effect delivery. It is very expensive, but does stand up in court.

 

Peter

 

 

 

[BJSLIV]

I think the others have given you some good advice, but you do need to think carefully before embarking on what is likely to be costly litigation with a real risk of your not winning. It always comes as a shock to find oneself in this kind of situation but looking at things from the outside it may be better to pay up and walk away. Just looking at the facts as you have set them out in your post, a number of points immediately stand out.

I employed a French architect to design and project manage a barn conversion for me.

He was a good architect but a hopeless project manager.

Was it clear at the outset what was to be the scope of the  project manager role?

Where and how was this specified?

He did not do the work (up to sending details to artisans to get devis) as he promised, so that the land with the barn grew enormous weeds and I became subject to much pressure and threats from neighbours as I struggled to find someone to keep the land tidy from afar (I'm based in England) .

It is something I expected to be part of the project management ie on-site problems, but I was left to deal with it all.

Would keeping the land around the building normally fall within the terms of reference of an architect. I would expect a local French resident to sort this out more cheaply themselves. So as this would seem to be something more than the normal role was it specified?

In the end when I received an email to say he couldn't produce any of the builders estimates I had been waiting 6 months for, until I told him where the kitchen sockets would go, I told him I was no longer continuing with the project and would sell the barn.

To what does the six month period refer? Formulating a project remotely is not a process to be rushed.

If there were outstanding requirements how could he get realistic quotes if your needs had not been clarified?

The following day he produced the estimates ready to send to artisans and a bill for 7000 euros for this phase of the work.

OK so he produced the paperwork without the plug details, but he would be entitled to payment for the work up until the point where you cancelled the contract, and possibly beyond (loss of profit). Moreover I assume at this point you had not put your cancellation in writing.

Subsequently I received a letter from MAF threatening legal action.  I responded to MAF (by email, fax and telephone) and the Architect (by email) asking for copies of the signed contract ( I don't think we even got around to signing a contract), detailing the events and correspondence proving the work was both late and completed after we said to stop, and asking what he meant by claiming compensation for an abusive attitude!

As other have said, phone calls and emails mean nothing in the French system.

Abusif probably implies improper , as in abusing the situation, rather than rude.

I received no reply to any.

In the writ he claims I did not reply to the MAF letter at all!

As above only letters count.

I had already paid over 8000 euros for the work to date (drawings and planning permission) based on a phased 11% of estimated total cost.

I'm being sued for the invoice+interest, 1000 euros for damages, 1200 to the court and all legal costs.

It is not clear from your post the stage your project was at. Pre Permis, Before work had started.......

But assuming that your were just about to apply for planning. virtually all of his architecting would have been completed so he would expect to be paid his full 11% for that part of the job, plus a bit for his project management.  

Any advice, much appreciated - my French is up to schoolboy standards!

Would you be able to prove to a French court that non of the problems arose due to your limited ability in the  French language?

This may sound a bit harsh but its only a glimpse of what you are likely to encounter if you try to defend the case.

[Cfcjohn]

the payments were based on 11% of the total build cost.  So he estimates the total build as costing 200 000 euros so his overall fees would be 22 000 euros to manage the project to completion.

These fees are spread across various phases of the project, which is fair.

I have paid for Etudes preliminaires 1, 100 Avant Project 4 400 Permis de Construire 1 760.  That is what I have received , plans and planning permission and paid 7 260 + tax.

Nothing has happened further than this other than printing a description file for each worker that was done after I cancelled.

I cancelled in writing (via email) in June at which stage he had again in writing (email) advised that he hadn't started the work he had promised to deliver in April and would not start until I supplied socket information.

After I cancelled two weeks after he told me he would not start the work he claimed he started the work the day after he said he would not be doing the work.

We conversed in English via email, so yes I can say that none of my problems were due to my poor French.

I find it hard to believe that emails and fax mean nothing in the French legal system. The writ includes details of emails explicitly.