Bringing the business court for a construction dispute
The court is the last resort. Long, expensive, sometimes unpredictable — but sometimes the only way. Here is what you need to know.
1. Which jurisdiction?
For construction disputes between a private buyer and a professional: business court (formerly commercial court). Territorial jurisdiction: site location or defendant’s registered office.
For amounts below 5,000 €, the justice of the peace has jurisdiction — simpler procedure, without mandatory lawyer.
2. The standard procedure
- Summons by bailiff writ (1,200 to 2,500 €).
- Introductory hearing: procedural calendar set.
- Judicial expertise: see our cluster judicial construction expertise.
- Conclusions: written exchange between lawyers (3 to 6 months).
- Pleadings hearing then judgment (3 to 6 months later).
3. The real cost
- Judicial expertise: 3,000 to 12,000 €.
- Lawyer (summons + conclusions + pleadings): 5,000 to 12,000 €.
- Court registry and bailiff fees: 1,500 to 3,000 €.
- Total: 9,500 to 27,000 €, excluding ancillary expertises.
If you win, these costs are largely recoverable from the defendant — but spread over time.
4. Before starting: the alternatives
Always first attempt mediation, judicial conciliator (free of charge), or amicable adversarial expertise. 60% of files are settled in this way.
Our defect expertise frames the technical file before proceedings — fewer lawyer hours, faster judicial expertise.