The lifting of reservations explained by Alobees

The lifting of reservations is an important step in a construction project. It intervenes after the work has been received and ensures that all the defects found have been corrected. Here are our tips to better understand it.

Withdrawal of reservations: definition

The lifting of reservations is a legal obligation that occurs after the provisional acceptance of the work. It consists of correct reported faults, in accordance with article 41.5 of the CCAG Travaux.

The reserves include all defects, defects or discrepancies in relation to contractual requirements, identified during the final inspection of the site. Anomalies can be diverse: they range from simple visual defects to safety issues.

The reservations are noted by the project owner. Each of them is recorded in the acceptance report. The document states the nature and the exact location faults. The contractor must rectify them within the time limit set (see below).

The lifting of reservations assures the project owner That all The works respect the contract and that the final result meets quality expectations. This step is therefore crucial to ensure customer satisfaction and avoid conflicts.

There are 3 types of reserves

The contracting authority may raise reservations only in the event of defects, non-conformities, or defects in workmanship.

There are three types of reserves:

• Reserves for defects: the customer considers that the execution of the work is faulty and requests a repair.
• Reservations for non-workmanship: the customer considers that some planned work has not been carried out.
• Test reserves: the customer wishes to test the book before making a final decision.

As a reminder, the project owner can be accompanied by an architect or a technical controller during the reception visit. It can help him to identify possible anomalies.

The stages of lifting reservations

The lifting of reservations begins with the observation of defects and ends with the issuance of a report attesting to the conformity of the work.

Finding

During the final inspection, the project owner reviews the work for detect possible imperfections or non-conformities. He may accept the book, but have reservations.

La guarantee of perfect completion, which extends over one year from receipt, provides for the repair of all the disorders reported by the contracting authority, and in particular the reservations mentioned in the acceptance report.

In the private market, the company has 20 days to challenge the reservations. After this period, she is considered to have accepted them.

Definition of deadlines

Project owner and company agree on a Deadline for correcting defects identified. The law does not fix any. The work acceptance report specifies the deadline. In the event of disagreement, the interim relief judge may intervene.

Acceptance report with reservation

The Work acceptance report with reservations is an official document. It therefore lists the problems reported by the customer and Activate the perfect completion guarantee.

Validation of repairs

If the defects are recognized by the contractor, an amicable solution is preferred. The work must be completed on time. According to AFNOR (article 17.2.5.4), the contractor must announce the end of the repairs and Request the lifting of reservations by registered letter.

The project owner carries out a new acceptance of the site and the lifting of the reservations.

Reservations not withdrawn on time

If the company does not correct the defects in time:

• The decision to receive will be cancelled retroactively concerning the tests.
• For other reserves, the project owner must send a formal notice to the company, inviting him to make the necessary corrections.

The letter of formal notice formalizes the obligations of the manufacturer. It is a mandatory step before any legal procedure.

If the company does not respond to the formal notice, the contracting authority can:

• Propose an extension of the deadline for 15 days.
• Have the work done by a third party, at the expense and risk of the owner.
• Terminate the contract due to the fault of the contracting party, under certain conditions.
• Use retainer to pay for the work to remove the reserves. If this amount is insufficient, he can then use another financial guarantee provided by the holder to cover the costs.

In the absence of an agreement or an amicable solution, the contracting authority may opt for the judicial route and request the forced execution of the work.

Statement of withdrawal of reservations

The statement for the lifting of reservations is established when all the reservations expressed during the reception of the work have been removed and the work is in accordance with the expectations of the contracting authority.

The document confirms customer agreement, compliance and final acceptance books. It also makes it possible to release the security deposit and to close the work site.

The elements that must be included in a statement of withdrawal of reservations

To be valid, the statement of withdrawal of reservations must include the following elements:

• Identity and name of each party.
• Address of the worksite concerned.
• Description of the work to remove the reserves: details of the interventions carried out to correct defects, defects or imperfections.
• Reference of the initial report: number or designation of the report of acceptance of the work.
• Place and date of writing The statement for the lifting of reservations.
• Signatures of the project owner and the contractor to formalize the agreement.

The lifting of reservations is therefore an important step in a construction project. It can be particularly time-consuming. The use of site monitoring software can make it possible to anticipate problems and avoid litigation.

The application Alobees allows you to automate repetitive tasks and free up the time of your employees. So they can focus on the essential aspects of their work !