Serious damage affects your home less than ten years old, but the responsible company no longer exists
In this case, you ask the manufacturer's insurance for the implementation of the ten-year guarantee. Article 1792 of the Civil Code provides that the builder of a structure is fully liable for damage which compromises the solidity of the structure or which renders it unfit for its intended purpose.
At the opening of any site, the builder must be able to prove that he has taken out the compulsory insurance covering him for this liability, in accordance with Article L. 241-1 of the Insurance Code. It is essential to ask him for his insurance certificate and to keep it in a safe place. If a disorder appears within ten years from receipt of the work when the builder no longer exists, you will be able to ask the insurer to cover compensation for the disorder.
Damage-works insurance, compulsory for the contracting authority, must be taken out as a priority. The insurer will compensate you before taking action against the builder's insurer.
recommended letter with receipt note
Dear,
The company (name) carried out the construction of my house located (place), according to the contract dated (…). Under its ten-year guarantee, the manufacturer was insured with your company, under contract no (…) dated (…).
Acceptance of the works took place on (date). (Be careful to report the claim within ten years of receipt.)
(Describe the disorders and possibly attach photos ...)
These disorders are of a ten-year nature because:
(1st case) they question the solidity of the construction.
(2d case) they render the construction unsuitable for its intended purpose.
Consequently, I ask you to take care of the compensation for this incident.
Remaining at your disposal for any further information, please accept, Madam, Sir, the expression of my best regards.
(Signature)
Attachments: decennial insurance certificate from the company, photos, etc. 132
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