Cluster info · Defects & construction flaws

Defect found: the steps to follow in 5 stages

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By Edouard Hennin, Provisional reception expert
Published on 27 May 2026 Updated on 27 May 2026 7 min read

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.

Practical questions

How long do I have to act?
Visible defects: at reception. Hidden defects: 10 years (ten-year liability for structural work). The earlier you document, the more solid your file.
The contractor no longer responds, what to do?
Registered formal notice with a 30-day deadline. Without response: start a procedure or have a bailiff intervene — see our remedies and court clusters.

Not sure of the path to follow?

30 min of free expert consultation to qualify your defects and prioritise your actions.