Question 19145 — building and public works

Summary

Mr. Fabien Gouttefarde draws the attention of the Minister to the Minister of Territorial Cohesion and Relations with Local Authorities, responsible for cities and housing, to the existence of a distortion of competition between builders of individual houses, called CMIstes, and project managers and to the risk weighing on end customers. The CMI contract was created to, on the one hand, secure the individual who has his home built (the project owner), and, on the other hand, forcing the builder (CMIste) to respect legal, accounting and insurance rules. Both parties are bound by this contract defining the price, which is fixed, firm and final, revisable with the BT01 index (excluding amendments requested by the client or previously defined by the construction contract). This contract defines the duration of the construction beyond which late payment penalties may be applied. Attached to this contract, a descriptive notice of the finished work lists the type of construction, the type of framework and roofing, the color of the coating or cladding, the number of electrical outlets, telephone, television, the number of lamps, the type of lighting, the locations of water points, the brand of sanitary facilities, if there is paint or not, the references of tiles, earthenware, etc. The final price, fixed price for construction, is specified in this descriptive notice. If a work is not carried out by the CMIste, he must inform the client of its price in this document. Furthermore, the CMIste has the obligation to include work damage insurance and a delivery guarantee in the price. This delivery guarantee is a compulsory insurance for a CMIste. In the event of liquidation, he undertakes to find another builder to complete the house within the agreed price and time frame. This “work damage” insurance and the delivery guarantee have an impact ranging from 3,000 euros to 5,000 euros on the price of the construction. Finally, this insurance component is supplemented by the ten-year guarantee and the guarantee of perfect completion which requires the builder to carry out small repair during the first year following completion of the work. Finally, the CMI contract requires the client to be given a house maintenance guide upon receipt of the site. For his part, the project manager has no contract binding him to the client nor any descriptive notice. There is no guarantee of delivery and there is no obligation to take out “work damage” insurance. Its price is not fixed, which allows the price of construction to be changed through amendments in the event of omission of an expense item. There is also no deadline for completing construction. He does not need to take out any guarantee because he relies on the ten-year guarantee of the craftsmen working on the site so that the project manager cannot be worried in the event of a problem with the home. Also, he draws his attention to the need to see any company selling houses to go through a construction contract in order to re-establish fair competition between CMIsts and project managers, while offering all the protections and guarantees of good delivery to consumers.

Machine translation from French. The official text remains authoritative.

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