For real estate construction, it is recommended to use craftsmen who have subscribed to specific insurances. Among these is the ten-year guarantee. This will allow you to avoid a possible conflict after the reception of your property. Would you like to know how this guarantee works? Then read this article.
What Is the Ten-Year Warranty?
The decennial warranty is mandatory for any contractor, architect, or subcontractor to offer to the buyer. It protects the owner for ten years against problems related to the construction after acceptance of the building. During this period, the owner can have recourse to the plumber, for example, in the case of a plumbing defect.
Functioning of a Decennial Warranty
The decennial warranty takes effect from the date of acceptance of the work and lasts for ten years. In this regard, if a problem concerning the solidity of the work carried out occurs during these ten years, the craftsman is held responsible for the defects without the client providing proof. The ten-year warranty thus allows you to avoid disputes with the craftsman, especially since the construction insurance will take care of the repairs.
Also, the ten-year warranty covers defects affecting the solidity of the work carried out and those that make it unfit for its purpose. This means that particular works such as those relating to the walls, the thermal and phonic insulation, the floors, the electricity, the framework, and the pipes must be done. These works are done in order to allow normal use of the building. Note that this guarantee covers both structural work and finishing work.
How to Make the Ten-Year Warranty Work?
To make the decennial warranty work, the buyer has two solutions.
Make the Ten-Year Warranty Work With Damage to the Building:
If a craftsman does not repair the damage after being put on notice, the buyer can contact his damage-work insurer. This is the quickest and easiest way to be compensated. It should be noted that this solution will follow a few steps.
First of all, the buyer must inform his damage-work insurer of the problem by sending him a letter with acknowledgment of receipt. It should be noted that the invoices must accompany this letter for the work done and photos proving the loss. As for the buyer’s insurance, it has ten days to validate the request.
Then, the insurance company hires a professional who will give a preliminary opinion within 60 days. It is up to the insurance company to tell the buyer whether or not the ten-year guarantee is engaged. After 90 days following the declaration of the claim or 135 days for complex situations, the professional can make a final decision.
Finally, the insurer must propose compensation according to the result of the expertise. The insurer must do so within 15 days from the date of the compensation proposal. If this offer is rejected, the buyer receives 75% of the proposed amount, and the rest is paid after the dispute is settled. However, it should be noted that damage insurance compensates faster, on average, 105 days.
Making the Ten-Year Guarantee Work Without Damage Insurance:
In the absence of damage-work insurance, the owner must go directly to the decennial insurance of his craftsman. There are two solutions: the ten-year insurance policy will settle the problem or the craftsman will settle it himself.
Thus, the artisan must think it over before declaring the claim to his decennial insurance. In addition, the insurer may decide to increase the premium or cancel the buyer if he has recorded several claims, because the claim history may prevent him from changing his contract under the best conditions. Furthermore, taking into account the amount of the repair, the owner may decide to pay the costs or to have his client intervene.
