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TKenney, Ph.D.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 816
Experience:  Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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I signed a devi for work on my roof in May 2012. A year on

Resolved Question:

I signed a devi for work on my roof in May 2012. A year on no work has started, the roof is getting worse and I cannot get a start date from the contractor. I signed the devi in May and he told me he could not start until November 2012. This was fine and the ardoise arrived in October 2012. I waited but he did not arrive. In December 2012 I contacted him as family arrived from England for Xmas. He said after they left in January he would start. They left but no contact with the contractor. he was never there when I phoned just a fax signal. My French neighbour saw him working, stopped and told him I had a problem because water coming through onto electric box. He arrived and did a provisional repair and told me not before mid March to start the work. Between mid March and the end I kept phoning. He did eventually answer the phone but would not speak slowly for me ,I did not understand only that the work would not start before April. I t is now May, I have found someone else who can start now, have heard nothing from the original contractor and want to know if I am legally bound to use him. I have paid him 6000 euro for the ardoise but want to stop the work with him and get the roof done. It is stopping me doing repairs in the house as without a roof there is no point. I have told him this on numerous occaisions. Please am I legally obliged to wait
Submitted: 1 year ago.
Category: French Law
Expert:  wendy-Mod replied 1 year ago.
Hi, I am a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.


Thank you!
Wendy
Customer: replied 1 year ago.


Many thanks I will wait for the reply

Expert:  Fran-mod replied 1 year ago.
Thank you for your patience. We will continue the search for a Professional for you.
Customer: replied 1 year ago.


The person doing the roof has just been to see me. He is starting work on 13th May so all is good I hope. Thank you anyway and if I have any problems with him I will contact you

Expert:  TKenney, Ph.D. replied 1 year ago.
Hello, In French law, the customer may terminate a devi/agreement in only one case. Article L114-1 of the French Consumer Code states that "the consumer may terminate the contract of sale of personal property or provision of services by registered mail with return receipt letter in case of exceeding the date of delivery of goods or performance of the service than seven days and not due to force majeure."
Also, you should know that a devi/quote has a limited validity period which can range from 1 month to 6 months. Beyond that date, prices and services are subject to change.
In your case, the work has not begun. In French law there is no fixed rule about when the work begins. It is the right of the individual client to make mention (add a clause to the devis) concerning the number of hours of work from a fixed date (the starting date).
The breach of such a clause could result in the termination of the contract. You must read your devis to see what it states about terminating the agreement and/or deadlines. When in doubt, one can always send to the other party a registered letter informing him/her/them that one is terminating service and giving the reasons in the letter. However, if you already paid, you must see what is provided in your devis concerning refunds.
TKenney, Ph.D., French Attorney (Avocat à la Cour)
Category: French Law
Satisfied Customers: 816
Experience: Practicing law in France, 10+ years of experience on Paris Bar. Taught French Business Law in US
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