A resident of Aynans who wanted to carry out work in his house was quickly disillusioned. He contacted Mr. Legrain, a self-employed building contractor via a known work site. The work takes place between 1er August 2020 to January 25, 2021 and appears to be proceeding as agreed. When signing the quote for 15,000 euros, Mr. Legrain informed his client that he had no insurance because it “costs too much for him to take out”. It is on this specific point that was judged this Thursday, June 2, before the criminal court of Vesoul, this autoentrepreneur, from the community of travelers.
Once the work is finished, this resident of the Aynans notices leaks at the level of the roof of his house. It turns out that it is a little more serious than “simple leaks”, as the autoentrepreneur mentioned. The foundations of the house are in danger and part of the roof threatens to collapse.
No liability insurance
“I told him that I was his guarantee and that I was committed to coming back in the event of a problem once the work was completed”, confided to the bar the defendant who has been working as a self-employed building contractor since 2016. Following the leaks observed, the customer asked me to come back. What I did,” he continues. “He asked me for the ten-year guarantee so that he could provide it to his insurance, but I told him that I had none”.
“There is trust and there are legal obligations”
If the defendant admitted the facts, he seemed to minimize in court the fact of carrying out work without having taken out insurance. “It’s based on trust. He knew that I had no insurance, ”he insisted to the president who called him to order. “Stop sir, you’re the one who’s wrong,” said President De Pourcq. “There is trust and there are legal obligations. It is an obligation to carry out this kind of work to take out a ten-year liability, ”she insisted.
The lawyer for the civil party, Me Gaume insisted on the multiple defects noted on the site. “My client was forced to seek a bank agreeing to give him another loan of 18,000 euros to resume the work, plunging him into a complicated financial situation”, she underlined in her argument.
Reminding the defendant that “these are legal obligations”, the prosecutor requested a fine of 700 euros. After deliberation, the prosecution retained a four-month suspended sentence. He will have to compensate the victim up to 18,412 euros for material damage and 800 euros for moral damage.