Construction, Off-plan (VEFA) & CCMI

Late delivery under an off-plan sale (VEFA) or a home construction contract (CCMI) can have very concrete consequences: a double financial burden, rehousing costs, storage, bridging interest, loss of rental income or family disruption.

The firm analyses the contract, the grounds for postponement relied upon, the site timetable and the available supporting documents in order to determine whether the delay is attributable to the professional and to assess the recoverable losses.

In particular, we assist with:

• analysing the contract, amendments, calls for funds and correspondence;
• reconstructing the contractual and actual timetable of the site;
• challenging unjustified postponements and quantifying the loss;
• serving a formal demand on the developer or builder, negotiating or bringing proceedings.

Defective works or non-conformities may be visible on acceptance of the works or appear after delivery. How they are dealt with depends on the nature of the defect, the time of its appearance, the reservations made and the guarantees that can be relied upon.

The firm supports you in characterising the defects, preserving the evidence, calling on the relevant guarantees and obtaining the remedying of the works or compensation for the losses.

In particular, we assist with:

• analysing the contracts, quotes, minutes, reservations, invoices and insurance certificates;
• legally characterising the defects and the applicable guarantees;
• drafting the reservations, formal demands, insurance claims or letters to insurers;
• organising an amicable or judicial appraisal and defending your claims.

When a developer or builder turns out to be in default, the consequences can be heavy: a halted site, cost overruns, questionable calls for funds, delays, uncertainty over completion or a multiplication of parties to pursue.

The firm works to regain control of the matter, identify the guarantees that can be relied upon and build a strategy suited to your objective: obtaining the completion of the property, exiting the contract or being compensated.

In particular, we assist with:

• analysing the contracts, guarantees, calls for funds, correspondence and the progress of the site;
• characterising the breaches of the developer or builder;
• activating the relevant guarantees: completion guarantor, insurance, claims against the parties involved;
• bringing a negotiation, interim proceedings, an appraisal or an action on the merits.