Which contract to build?

The is obligatory?

It is obligatory since the manufacturer commits himself building a house on a ground which does not belong to him. There exist two types of contract:

• That is to say the manufacturer provides you the plans of the house. It is the contract of construction with goods of plan.
• That is to say the contract is provided without plan ( reduced). In this case, it is you who will communicate them to him.

To sign such a contract, you must obligatorily be owner of the ground or have signed a commitment to sell.

Caution! If you appealed to several firms for your construction, you will sign with each one a corporate contract. But this last does not offer any protection.

Which is the contents of one ?

It must indicate:

• the situation of the ground
• surface
• the conformity of the project to the rules of town planning
• a technical description and an information record
• building costs
• procedures of overhaul and payment
• turn-around times and the labor costs whose purchaser reserves the execution
• the date of opening of the working
• penalties in the event of delay in the delivery
• the possibility for the purchaser of being assisted by a specialist at the time of the reception
• the justification of the money-back guarantee
• various condition precedents.

Which are these condition precedents?

• the acquisition of the ground
• obtaining the permit building
• obtaining the loans
• obtaining the guarantee of delivery
• the subscription of the insurance damage-work

To note: the insurance damage-work is subscribed by the purchaser. it covers the damage affecting the heavy castings during ten years as from the reception.

Can one retract?

The signed contract, the manufacturer addresses the double by registered letter to you with acknowledgment of delivery. You have seven days to retract you by sending a mail recommended with acknowledgment of delivery.

Caution! If you signed in front of notary, this faculty of retractation is not offered to you.

What does one have to pour with the signature of the contract?

If the manufacturer profits from a guarantee delivered by a bank or an insurer, it can ask you the payment of:

• 5 % of the price to the signature of the contract
• 5 % with obtaining the permit building
• 5 % with the opening of the working

These funds will be restored to you if the condition precedents are not carried out, if the working is not opened at the provided for date or if you retract.

If the manufacturer does not profit from the guarantee of a organism, it can claim you the payment of a deposit, equal to the maximum to 3 % of the price, the day of the signature. Consigned near a bank, this deposition will be completely and immediately restored if one of the condition precedents is not carried out.

What understands the price of the house?

The contract must mention the price which is firm and final. It understands:

• labor costs
• guarantee of delivery and settlement
• the plan and expenses of studies
• the amount of the taxes

The contract can provide for a price adjustment according to the development of the national index of the ship according to two procedures:

• That is to say the price is revised only once according to the development of the index between the signature and a month after obtaining the permit building.
• That is to say the price is revised with each payment.

At which moment does have one to pay?

The payment of the price intervenes obligatorily according to following spreading out:

Opening of the working	15 %
Completion of the foundations	25 %
Completion of the roof	60 %
Completion of the partitions and the installation of the windows	75 %
Completion of work of equipment, joinery and heating	95 %
Reception of work	100 %

To note: if you issued reserves with the reception, consign the balance on a frozen account opened by the manufacturer or in the notary. This sum will be resolved if you give the command of it.

What does it occur in the event of delay of delivery?

Before the signature of the contract, check that late penalties are provided for (at least of 1/3000 of the building costs per day of delay).

At the end of the contract, if the completion date is not adhered to, send to him a formal notice to complete work. If this step is not enough, warn the guarantor so that it activates the guarantee of delivery.