In a construction project, “La réception des travaux” is a very important milestone in the timeline of the works. Under Article 1792-6 of the Civil Code, the acceptance of works is “an act by which the client declares to accept the work with or without exceptions”.
It signifies not just the completion of the project but the start of the warranty as covered by Décennale Insurance. For more insights see article. A thorough inspection of the property prior to accepting the works is necessary. This means a detailed check of functioning equipment, doors, windows, electrical switches, and plumbing fixtures.
Phases of “La réception”
1. Physical Inspection
The client and contractor conduct a comprehensive inspection of the completed works. This inspection assesses the construction quality, functionality, compliance with regulations and adherence to the contract documents.
2. Work Acceptance Report (Procès-verbal)
A formal document is prepared, known as the “Work Acceptance Report.” This document outlines the outcome of the inspection, including a snagging list of any defects, incomplete tasks, or deviations from the agreed specifications. It also details the starting point for warranty protection under the Décennale insurance. A client may either:
- accept without exceptions. This occurs when there have been no defects to report. The report is drawn up and signed by the client and stamped by the contractor.
- refuse acceptance for unfinished or non-compliant work. The date of completion of works may also be postponed.
- accept with exceptions, detailing the problems encountered and the deadlines within which they must be resolved. A portion of the final sum may be withheld until the work is complete.
3. Payment
Acceptance of works may trigger payment obligations held by the client. A client may refuse to pay the balance of sums until the noted defects are rectified.
4. Time limit
Following “la réception des travaux” the client has 8 days to add any additional any defects to the procès-verbal that were not noticed at the time of inspection. In this case, a formal letter sent recorded delivery must be sent to the company. However, if the client is assisted by an architect during the project, this time period does not apply. The above does not affect the la garantie de parfait achèvement.
5. Declaration of completion of works
Within 30 days of completion of the project, a declaration of completion of the work is sent to the municipal town hall by the client. ( Déclaration d’Achèvement des Travaux)
What to do if there are issues with the finished product
If a client is unhappy with the finished product, it is important to remember that emotions and tensions can run high and:
“In most cases the contractor and the client have the same goal. That being to produce a product that the client is happy with. No one enters into a working relationship with the intention of the project ending in a dispute.”
It should be noted that the contractor may feel embarrassed and become defensive. The client could feel the problem is not being addressed so goes on the offensive. Both of these are understandable emotions but they are not productive. The relationship must remain cordial, professional and productive from all parties.
The issues
This article concerns the acceptance of the product and deliverables. Not costs, timings and other objections that may arise during the project. These should have been resolved at that point as part of managing the project.
Deliverables
This should be an easy issue to resolve. The project deliverables should be clearly stated in the original devis or any subsequent amendments. If the item of work is not listed in the devis, then it is not in the scope of the project and vice versa if it is listed.
The contractor should be given the opportunity to rectify it if it is an omission and advise the client of extra costs if it was not part of the original scope.
Quality
Disagreements about quality of work
Sometimes, a client may feel the works are not up to standard but the contractor may disagree. Does the contractor have any guidelines of what standard of finish will be delivered?
Unrealistic expectations of the work
Does the client have realistic expectations? Is what they are asking realistically possible, particularly regarding renovation work? Is that finish possible within the budget or do technical and practical reasons prevent the level of finish?
The contractor should be able to explain why this is so. If the client is still not convinced, they may seek further clarification from an expert.
Actions
For the client:
- Give the contractor a chance to put things right without assuming that the contractor will not correct any issues.
- Accept that mistakes can happen.
For the contractor
- Identify the problem, understand what is expected and put it in detailed writing as part of ‘La réception des travaux’
- Agree a timescale.
- Sometimes it is necessary to go the extra mile for the client to avoid escalation, if it is an easy fix then why not undertake the repair?
- If the issue is the product fitted (windows, doors…etc) and the contractor supplied the materials then it is not possible for them to direct you to the manufacturer. The contractor is responsible for the correction of the issue.
Managing The Project
The following are the most common areas where project disputes can occur. Being aware of these and following steps to prevent them is the most effective way to avoid a disagreement during ‘La réception des travaux’.
Scope of Work
- Ensure a clear understanding of what is and isn’t included in the project scope. This will be detailed in the devis. The safest approach is not to assume something is included. If it is not explicitly listed assume that it is not included and ask for clarity and for it to be added.
- As contractual disputes often arise due to unclear written details, a project scope walkthrough is a recommended step. This will benefit both the client and the contractor, as it will clarify the end product. This may take a number of iterations but is really worth the effort.
- The clarification of the scope should highlight anything that was missing and may well be reflected in an increase in the cost. It is better to understand this at the beginning of the project.
Changes or additional work
Sometimes unexpected things happen or unforeseen work is required. This may be a change of plan by the client or some unforeseen technical issue.
These changes can be as much of an issue for a contractor as the client. Of course, for the client there are financial implications but for the contractor there becomes scheduling challenges and the management of other client’s scheduling expectations.
Here are some ways to manage these changes:
- Discuss and agree the changes or additions before they are made.
- Understand the cost and implications of the additional work.
- Then document the additional cost and work in an Addendum (Avenant) to the devis or a new devis specific to this work. It is not advisable to commence any work without this.
- Note that sometimes it is not possible for the contractor to give an exact cost. The work required is simply not known. In this situation it is not unreasonable for some initial investigative work to be carried out by the contractor. This will be charged and that charge should be agreed in advance.
If the above is adhered to then there should be no surprises at the end of the project. Even if the contractor is put under pressure because of time restraints on the project, they should complete this process. Many a good relationship has been soured by additional costs at the end of the project.
Lack of communication
As obvious as this sounds, it is often a criticism of contractors. Both contractor and client should maintain effective and clear communication throughout the build in order to achieve the best output possible.
This can be maintained by:
- Holding regular meetings and establishing times to talk through issues as they arise.
- Ensuring both parties understand how often they can expect project updates.
- Ensuring all issues are raised at the time of it occurring, not at the end of the project. The issues may become more complicated and costly to resolve if they are left.
- Furthermore, the client should regularly inspect the work. This could be one or all of the following:
- Weekly walkthrough.
- Regular pictures and or video updates.
- Live video call and walkthrough of the project.
- Create an environment where both parties feel comfortable to raise concerns.
- Do not allow issues to remain unresolved.
- Document issues and requests, sometimes clarifying answers with follow up emails helps clarify conversational questions.