Defect found: the steps to follow in 5 stages
A found defect is managed methodically. Here are the 5 unavoidable steps — skipping a single one weakens your position.
1. Document and notify
Before any action, document: photos, dimensions, dates. If the reservation appeared at reception, record it in the report (see detection and evidence). If it appears later, send a registered letter to the contractor within 15 days with photos.
2. Formal notice
Without reaction within 30 days of notification, formal notice to contractor by registered letter with acknowledgement of receipt. Granted deadline: 30 days to intervene or reply in writing. This is the last formal amicable step.
3. Adversarial amicable expertise
If the contractor disputes or does not respond, request an adversarial amicable expertise. An independent expert observes, in the presence of all parties, and drafts a report. Cost: 800 to 2,500 € depending on complexity.
4. Mediation or conciliation
Before judicial proceedings, try construction mediation or the court conciliator (free). 60% of files are settled this way.
5. Judicial route
As last resort, enterprise court with judicial expertise on order. Count 2 to 4 years and several thousand euros.
Our defects expertise typically intervenes at steps 1 and 3 — often enough to make the contractor move without going further.