Lamy SA Expertise can offer individuals, CATEC assistance (French Technical Assistance and Advisory Services contracts) for legal proceedings. In accordance with Article 161 of the French Civil Proceedings Code, individuals can be assisted in technical and economic matters during legal proceedings due to an unsettled dispute.
During construction or renovation work , disputes frequently arise between an individual (non-professional owner) and a lead contractor, contractor, developer, mason, plumber, carpenter, tiler, etc. These disputes may be related to a single house construction (CCMI) or the purchase of an apartment off-plan (VEFA). CATECs (French Technical Assistance and Advisory Services contracts) can be used in all real estate legal proceedings to examine technical and economic questions.
Inheritance, divorce, expropriation, eviction, defects, anomalies, damage, unfinished or non-conforming work, etc. There are many causes for disputes. However, there are not many solutions to defend yourself! During legal proceedings, the only solution is to use a technical expert through a CATEC, so as to properly defend yourself by providing the court-appointed expert with proper evidence by way of the « required facts to prevail on your claim » .
« The judge cannot appoint an expert to compensate for the failure of one party in the collection of evidence». The role of a court-appointed expert is clearly not to defend you! Article 9 of the French Civil proceedings code states that it is the responsibility of each party to evidence the required facts in conformity with the law to prevail on the claim. The technical expert assists you in providing to the court-appointed expert the proof needed for your defense.
Construction professionals have more knowledge in real estate than private individuals. They can therefore provide more technical information to the court-appointed expert and this can work against you. You do have the option of consulting a technical expert to better position yourself in the balance of power.
