French Building Estimates and Overcharging by Builders

Most people who have building works carried out on their French property are prudent enough to obtain a written estimate from the builder. An estimate in French is called a devis and, once it is signed by both client and contractor, it becomes a legally binding contract. Despite the growing difficulties many people face in getting a building tradesman to quote, most French building professionals are accustomed to preparing building estimates for prospective clients. Nevertheless, in our experience, the estimates are not always as detailed as they need to be, with ‘wriggle room’ often left to the builder, particularly regarding start and completion dates and in the specification of materials. One of the areas that is a frequent source of difficulty are the ‘extras’ that often occur on a job. Even if they are clearly agreed by the client, the price basis on which the work is carried out is not always fully understood and agreed. A recent decision of the French Cour de Cassation, the highest court in the country, stated that, without proof that extra works had been agreed by the client, no additional payment was due to the builder. In the case before the court, following acceptance of the devis by the customer, a builder undertook work in the property, and then invoiced them for €4500 in respect of additional works carried out over that detailed in the devis. Although the customer protested, they paid the extra sum over to the builder. Nevertheless, they later brought an action in the courts for recovery of the extra monies that had been paid. The lower Court of Appeal in France decided that, despite there being no contractual evidence that the works had been requested by the customer, the fact that they had paid the builder was sufficient proof that the work had been carried out. The customer appealed to the Cour de Cassation, which disagreed with the lower court, arguing that it was not appropriate for the court to determine the motives of the client in paying the bill. The fact that the invoice from the builder had been paid by their client was not sufficient proof that additional works had been requested and agreed. Accordingly, the builder was forced to return the €5000 and ordered to pay costs. The case is particularly important in drawing attention to the need to ensure there is a proper written record of any changes in the building works agreed with the builder. Professionals who work in the construction industry know this very well for on major projects a full contract and specification is prepared, and changes agreed by the issue of a formal variation order by the architect or client. The same principle applies to works carried out on domestic properties. You need to agree in writing the changes with your builder, particularly if they are significant. Do not rely on the perceived good nature of the builder that you will be treated fairly. If the builder realises that the job is not going to produce the profit they expected then, faced with a unwary client, their own solution is a very obvious one!