These Sud Habitat guarantees are applicable to all detached home building contracts

• Performance bond
  
  This acts as a guarantee of the constructor’s undertakings to complete the building contract at the agreed price and within the agreed timescale and offers protection in the event of the construction firm in question going bankrupt. The construction firm will have signed up to an agreement with a surety bond company which, from the first day that construction begins, is liable for liability due to non-performance or faulty or incomplete performance of the work as stipulated in the contract. If necessary, this company will designate another contractor or builder to finish the house.
  
  
• Insurance cover
  
  The construction firm attests that it has adequate insurance cover against the consequences of financial liability under articles 1792 and following and article 2270 of the French Civil Code relating to professional liability. At the beginning of building work, the construction firm will also provide on demand the necessary documentation showing they are covered by an insurance policy as legally required under article L242-1 of the Code des Assurances (French Insurance Code).
  The construction firm will take out ‘Dommages Ouvrage’ (client’s insurance cover) for the client, unless the latter explicitly makes a request to take charge of this themselves. The construction firm undertakes to respect the terms of the defects liability period which runs for one year starting from the date of handover to the customer. This guarantee does not apply to work required due to normal wear and tear, inadequate maintenance or misuse and abuse. It is furthermore stated that the client will take out their own insurance cover against fire, storm and hurricane risks as soon as the building is at the watertight stage.
  
  
• Defects liability period and two year post delivery guarantee (garantie de bon fonctionnement)
  A. You are covered by the defects liability period for one year with regard to the construction work as defined in the contract, starting from the handover date. Any repairs that are required to be carried out which are noted at handover or during the first year following handover must be performed by the construction firm.
  
  B. b. In the two year period following handover, you are covered by a post delivery guarantee (garantie de bon fonctionnement) with regard to removable, non-structural elements, i.e, which can be removed without endangering the structural integrity of the building, as long as these fittings were part and parcel of the contract.
  Your construction firm is legally bound to repair or replace these fittings (window shutters, doors, electric heating system, boiler etc in the event that they are clearly not operating properly, unless they have been subject to misuse or abuse or inadequate maintenance.
  
  
• Guarantees provided by the insurers
  
  A. During the ten year period following handover, you are covered by a ten year warranty. Your contractor is legally bound to take out this insurance cover. This cover relates to the repair of defects that affect the structural integrity of the building and which prevent it from being used for the purpose for which it was intended (habitability). Also covered are fittings that are an integral part of the roof, the walls and the utility connections.
  
  B. Once the defects liability period has expired, i.e one year after handover, you may contact the company where your ‘dommage ouvrage’ insurance cover was taken out in the event that defects listed in the first section ‘a’ are noted and the contractor fails to repair these defects.
  
  Should the need arise, your ‘dommage ouvrage’ insurance cover will meet the cost of repairing any damages for which your construction firm’s subcontractors may be held responsible, without seeking to apportion responsibility in any way.