Picture this: a homeowner in the South of France orders the installation of a custom outdoor fitting — a motorised awning worth 7,000 euros. The contractor cashes the deposit, installs part of it… and the result falls short of the quote: rough fixings, imperfect level, sloppy finishes. Worse, the craftsman only shows up intermittently. The client wonders: can I withhold the final payment until everything complies? And what use is a building expert while the works are still ongoing?
What the contract really requires
The works contract — even a simple quote — imposes two cumulative obligations: perform in accordance with the signed quote, and according to professional standards. For installations, those standards include the manufacturer’s fitting instructions, which are contractually binding. A fitter who ignores them commits a defect, even if the fitting “holds”.
Withholding the balance: the exception for non-performance
As long as acceptance has not occurred, article 1219 of the French Civil Code allows the client to suspend payment, provided the withholding is proportionate to the defect. Two classic traps: paying “to keep the peace” (recovering it later means years of litigation), and having a third party redo the works before any record exists.
The formal notice everyone forgets
Before court, a registered letter with acknowledgement of receipt (article 1344) listing the defects, recalling contractual obligations, setting a reasonable deadline and announcing consequences is essential. A well-drafted notice alone often unblocks the project.
The decisive role of the on-site expert
The most cost-effective intervention happens while the contractor still attends the site, even intermittently: a tripartite conciliation meeting — client, contractor, independent expert. The expert lays out the quote and the manufacturer’s instructions, records what complies and what does not, and drafts a contradictory minute signed by those present. It usually brings the contractor back on track — and if litigation follows, it becomes the first piece of evidence, dated and uncontested. Its cost is a fraction of a court-ordered expert assessment (article 145 of the Code of Civil Procedure).
If the contractor never comes back
With a formal notice unheeded, the situation becomes abandonment: the client can record it, resolve the contract (articles 1224 ff.), have the works completed by a third party and claim the extra cost plus damages. Statutory warranties may also apply.
Written by the office of Me Cécile Zakine, construction and real-estate lawyer, with Cassini Expertise, independent building expert for on-site technical records.
