Your house is not finished. You turn against the builder's guarantor
The builder to whom you entrusted the construction of your house has abandoned the site. After unsuccessful formal notice from the builder (see letter "The construction of your house is not completed within the time limits set by the contract. You give the builder notice", page 94), you can ask his guarantor to take the manufacturer's relay to complete the work.
Indeed, the manufacturer must, under penalty of criminal penalties, provide you with a delivery guarantee provided by an insurance company or a credit institution approved by an official body. The contact details of the guarantor establishment appear in the guarantee certificate annexed to your contract. Double check that it refers to your construction.
As such, the guarantor institution is also required to pay the late penalties provided for in the contract if the delay exceeds thirty days, in accordance with Article L. 231-6 of the Construction and Housing Code.
recommended letter with receipt note
Dear,
According to the contract for the construction of a single-family house with provision of a plan, dated (...), the company (name) was to build my house on the land located (place) from (date of opening of the site), and this until (date of end of work).
Your company has granted a delivery guarantee to the manufacturer.
However, the site has been stopped since (date).
I hereby give you notice to take all necessary measures to complete the work.
In addition, I am telling you that the contract provides that failure to comply with the time limit for completion of the work entails late penalties of up to (indicate the late payment penalties listed in the contract). The delay being more than thirty days, I thank you for agreeing to compensate me.
Please accept, Madam, Sir, the expression of my best regards.
(Signature) 130
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