Can I Claim Compensation for Home Repairs and Inconvenience?

Question from Titi, Can I Claim Compensation for Home Repairs and Inconvenience?

Answer from AI:

In France, you have legal rights to seek compensation for damages and inconvenience caused by poorly performed work. Here’s an explanation of your options and the relevant legal framework:

1. Requesting Compensation for Damages and Inconvenience

Under French law, you can request compensation for the damages caused by the poorly executed work, as well as for the inconvenience you’ve experienced over the past two years. This is based on the principles of contractual liability (responsabilité contractuelle) under the French Civil Code (Code civil). Specifically:

• Article 1231-1 of the Civil Code states that a party that fails to perform or improperly performs a contract must compensate the other party for the harm suffered. This includes both material damages (e.g., costs to repair or redo the work) and moral damages (e.g., stress, inconvenience, or disruption to your life).

• Article 1240 of the Civil Code allows for compensation for “troubles anormaux du voisinage,” which could apply if the poor work has caused significant disruption to your living conditions.

To succeed in your claim, you will need to provide evidence of the following:

• The work was not performed as agreed.
• The damages or inconvenience you’ve suffered as a result.
• The costs incurred or to be incurred to fix the issue.

2. How Much Time Do You Have to Respond to Their Proposal?

The time you have to respond to the company’s proposal depends on the terms of your contract or any applicable legal deadlines. If the proposal was made by email, there is no strict legal deadline unless specified in the contract or by law. However, it’s in your best interest to respond promptly to avoid being deemed to have accepted the proposal by silence.

In practice, you should respond within a reasonable timeframe, such as one month, to show that you are acting in good faith. If you need more time to evaluate the proposal or seek legal advice, you can request an extension.

3. Steps You Should Take

1. Evaluate Their Proposal Carefully: Assess whether the remaining 10% payment and the offer to redo the work at your expense is fair and covers your losses. If it doesn’t, you can reject the proposal and seek additional compensation.

2. Document Everything: Keep records of all communications, invoices, estimates for repairs, and evidence of the poor workmanship. This documentation will be crucial if you need to take legal action.

3. Consult a Lawyer: Given the complexity of your situation and the significant inconvenience you’ve experienced, it’s highly recommended to consult a lawyer specializing in contract law or construction disputes. They can help you draft a response, negotiate with the company, or represent you in court if necessary.

4. Legal Recourse

If the company refuses to offer a satisfactory solution, you can pursue legal action. You may file a claim in a civil court (tribunal judiciaire) for compensation. The court will assess the extent of the damages and inconvenience and determine a fair amount of compensation.

Conclusion

You have the right to seek compensation for the damages and inconvenience caused by the poorly performed work. Responding promptly to the company’s proposal is important, but you should take the time to evaluate your options and seek legal advice. A lawyer can help you navigate the process and ensure your rights are protected.

For more information on your legal rights under French law, you can consult the French Civil Code.