Work : from litigation, should it create a new type of contract ?

REACTION. In the Face of disputes in the field of work, do we need to put in place a new type of contract to better protect consumers ? The proposal is strongly react Capeb.
Following up on his previous investigations of 2014 and 2015, the CLCV has once again looked on cases of disputes encountered in the context of work and construction. The recent survey shows that the faults remain on the podium of the disputes with 43% of cases, far ahead of the non-compliance (22%) or delays and abandonment of project (20%). However, the consumer association noted that the rate of defects has decreased by 7% compared to the previous surveys and asks if it is “may-be” of “the first fruits of a sign of improvement of the competence of the professionals ?“.


She also notes a decrease in the case of bankruptcy filings (14 % in 2014, 7 % in 2017), but rejoice in it : “this should not reassure us about the financial solvency of the firms, since, on the same interval, delay and abandonment of construction increased from 9 % to 20 %, an increase of over 122 % !“.
The creation of a contract proposed by the association

The association notes that the protection of consumers “is very variable from one domain to another“. If it is good for construction of house, it is much less for the work of “lesser importance”, “the fault in the absence of provisions laying down the formalism minimal“, according to the CLCV. Latest finding: “there’sa real lack of knowledge of consumer rights in insurance matters, the concepts of ten-year warranty harm-structure is very confusing for them, “he said.


To improve consumer protection, the association makes proposals that are likely to cringe-building professionals who are already complaining of red tape. It suggests, in effect,”make mandatory the signing of a written contract for the work an amount in excess of 150 €, which must contain certain particulars, including the duration of the project, its completion date, the terms of payment“, “set a minimum threshold for penalties for delay, depending on the amount of work (5 % per day of delay, for example)“, but also “to impose upon the professional the subscription of a guarantee of delivery for all work above a certain amount (1.000 € VAT included, for example). Thus, in the case of abandonment of construction or filing of the balance sheet, the guarantor will be responsible for continuing the work, without extra cost to the consumer ; communicating a file of educational information with the consumer the different existing guarantees“.


“They better watch who they take before the launch of the work”, Patrick Liébus, President of Capeb


This is great no matter what !“, reacts Patrick Liébus, president of Capeb. “We have already managed to avoid filling up the document for the VAT to 5.5%, we are not going to put something else“, he adds. The implementation of this type of contract would add a little more in the burden of work of businesses, ” he says.


To combat these cases, the president of Capeb point the finger at the terms of the choice of firms. “They [the individuals] would do better to look at who they take before the launch of the work“, he says. Patrick Liébus their recommends to go through companies nearby that have a storefront and against which they can easily backfire. “There is a form of security to pass through societies of proximity“, according to him. He also took the opportunity to denounce once again these micro-enterprises, which sometimes do harm by not respecting neither the rules, nor the quality of the work.


Commenting on the establishment of a new type of contract, it is also provided penalties for individuals who do not meet the payment deadlines. Patrick Liébus does not understand the usefulness of such a document that there are already rules on the matter. For him, from the creation of the quote, it is mentioned the detail of the work, the manner of performance and payment. But this is where the nerve of the war for the artisans. “Today, we are faced with regular delays in payments. We serve as a banker, “he says, bitter. “When the client imposes on us its rules three times, we do not have the means to refuse“, does it give as an example.


The word to readers
And you, what do you think of these proposals ? Are they going in the right direction ? May be the apply you already ? Tell us in the comments below this article.

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