Overview
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Pierre SERIN: ESTP and CHEC engineer
INTRODUCTION
Acceptance is an essential part of the construction process. Its pronouncement by the owner (express acceptance) or the judge (judicial acceptance) has legal consequences (acceptance of the work, with or without reservations), transfer of ownership and responsibilities, triggering of guarantees (completion guarantees, performance guarantees, ten-year guarantees) and financial consequences (payment of the balance of the work, release of the bond). These consequences apply both to the client and to the builders (or contractors) and their insurers.
The client is often inexperienced in these matters, and it is in his or her interest, as well as that of the contractor or builder, to be informed and guided through this phase of the work. If you feel "unsure", it's in your best interest to be assisted by a third party familiar with this procedure, which stems from article 1792-6 of the French Civil Code and evolving case law.
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KEYWORDS
acceptance of the work | explicit acceptance of the work | tacit acceptance of the work | acceptance of the work with reservations | acceptance of the work unreserved acceptance | project owner | project manager | hidden defects
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Site acceptance
Preamble
Bibliography
- (1) - SERIN (P.) et al - Guide pratique du chantier, - ETI, http://publications.eti-construction.fr/publications/chantiers-ti409/
- (2) - SERIN (P.)...
Websites
National Building Federation
Légifrance
Official Journal
...Standards
- Private markets – Sample notebooks – Cahier des clauses administratives générales applicable aux travaux de bâtiment faisant l'objet de marchés privés (classification index: P03-001) [cancelled on 20 October 2017, replaced by NF P03-001/A1] - NF P03-001 - Décembre 2000
Regulations
Article 1792-6 of the French Civil Code on the perfect completion guarantee
Article 1147 of the Civil Code on contractual liability
Article L. 231-6 of the French Construction and Housing Code on delivery guarantee
Events
Batimat Reed Expositions, international construction show held every two years in Paris (odd-numbered years).
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