Si le contrat de construction d'une

Application pratique:

Under Articles L. 231-2 k) and L. 231-4 of the Construction and Housing Code, the contract must specify both the maximum time limit for obtaining the delivery guarantee and the site opening date calculated from that limit; these rules are matters of public policy, so breaching them makes the contract void, as this ruling confirms. The couple should check the exact wording of their contract and the date stamped on the delivery guarantee against the contractual deadline. If the guarantee was issued after the deadline and after works began, they can seek nullity of the contract through their lawyer, which may allow recovery of sums paid. They should gather all contract pages, correspondence, and the guarantee certificate before consulting, since timing evidence is central to the claim.

Application pratique:

This case law confirms that omitting these mandatory details renders the contract void, exposing the builder to claims even years later since nullity on public-policy grounds can be raised broadly. The company should immediately audit its CCMI templates to ensure every contract states the precise maximum delay for the suspensive condition and the resulting site opening date. It should also implement an internal checklist confirming the delivery guarantee is obtained and dated before any site works start, not merely before signing. Legal review of existing live contracts is advisable to identify and remedy any already-vulnerable agreements before disputes arise.

Application pratique:

Because the 2011 ruling establishes that a late-issued delivery guarantee combined with works having already started makes the CCMI void as a matter of public policy, the buyer may have strong grounds to have the contract annulled rather than simply terminated, which can affect what she is entitled to recover. She should ask her notary or lawyer to compare the contract's stated suspensive-condition deadline with the delivery guarantee's issue date and the recorded site opening date. If the chronology mirrors this case, she should send a formal letter requesting nullity and reimbursement of sums paid, referencing Articles L. 231-2 k) and L. 231-4 of the Construction and Housing Code. Given the sums involved, she should act promptly and keep all payment records and site-visit photos as supporting evidence.