Uninsured Contractor Working On Your Property: How to Spot It Before It’s Too Late

Your Contractor Is Insured Only for Painting — But They’re Doing Everything Else

This is a pattern we encounter regularly on the Côte d’Azur: a company registered for one activity (painting, plumbing, electrical work) takes on a full renovation contract that includes work outside its scope. The client signs, pays, and then discovers defects. When you ask for the ten-year insurance certificate (assurance décennale), you find it only covers the original activity — not the work actually carried out.

The Real Case: A Full Renovation Entrusted to a Painting Company

A couple of homeowners contacted us about serious defects in a renovation: windows fitted crooked, cracked ceilings, faulty tiling, inadequate surface preparation. The site wasn’t finished, and the company was demanding the balance.

Reviewing the documents, the expert discovered:

• The company is a single-shareholder company (SASU) with €5,000 in share capital, with no employees
• Its registered activity code: painting and glazing (43.34Z)
• The signed contract covered: demolition, window and glazed door replacement, exterior masonry, tiling, plastering
• The company had subcontracted the entire project to another firm
• The manager who signed the documents was possibly not the legal manager listed in the trade register

Why This Matters: Insurance Only Covers What’s Listed

Ten-year insurance (assurance décennale) is mandatory for any company carrying out construction work. But it only covers activities expressly listed on the certificate. A certificate for « painting and glazing » does not cover window installation, bathroom tiling, or masonry.

The practical consequence: if a decennial-level defect appears (water infiltration, structural crack, waterproofing failure), the insurer will refuse to cover it on the grounds that the activity performed wasn’t covered. The client is then left to pursue the company directly — often one with minimal share capital, no assets, and sometimes already dissolved.

5 Checks to Make Before Signing a Works Contract

1. Request the Ten-Year Insurance Certificate

For both the current year AND the year the works began. This is a legal obligation: the company must provide it before work starts. If they refuse or stall, that’s a major red flag.

2. Read the List of Covered Activities

The certificate lists each insured activity precisely. Compare this list against the work specified in the quote. If any item in the quote doesn’t appear among the covered activities, the company is working uninsured for that item.

3. Check the Company Registration Extract (Kbis)

The Kbis (trade register extract) shows the declared activity, share capital, number of employees, and the identity of the legal manager. A company with €5,000 in capital and no employees claiming to handle a full villa renovation should raise questions about its real capacity to honor its guarantees.

4. Identify Who Is Signing

Documents must be signed by the legal manager listed in the register. If someone else signs (a family member, an « associate »), they may not have authority to bind the company. Any agreement signed by an unauthorized person may be unenforceable.

5. Request Subcontractors’ Certificates

If your contractor subcontracts, each subcontractor must also hold their own ten-year insurance for the work they perform. Request certificates from every party involved before work begins.

What to Do If You’re Already in This Situation

Before Handover (Réception)

If the site isn’t finished or formally accepted yet, you’re in the strongest position: don’t pay the balance, don’t sign any handover report, and have an independent expert produce a findings report. Document every defect with dated photos and measurements.

After Handover

If you’ve already accepted the work (signed a handover report or paid the balance), statutory guarantees apply — but only to what the insurance actually covers. If the activity wasn’t insured, you must pursue the one-year « perfect completion » guarantee directly against the company, with no insurance safety net behind it.

The Formal Notice

A registered letter with acknowledgment of receipt listing the defects, with a mandatory 15-day deadline to fix them, is the first legal step. An independent expert report attached turns this letter into a credible negotiating tool.

How an Independent Expert Protects You

An independent building expert sells no work and represents no insurer. Their role is to:

• Document the defects with instrument-based measurements, dated photos, and references to French building standards (DTU)
• Classify the defects as out-of-tolerance (non-compliant), acknowledged by the company, or cosmetic finishing issues
• Identify hidden risks (active damp, drainage, waterproofing) that could shift the case into decennial-liability territory
• Cost the remedial work to support negotiating the balance or preparing an escrow deposit

Frequently Asked Questions

How do I check if my contractor is properly insured?

Request the ten-year insurance certificate for the current year and compare the list of covered activities against your quote. If any item in your quote isn’t listed on the certificate, the company is working uninsured for that item.

What if the company isn’t insured for the work performed?

Don’t pay the balance. Request in writing the insurance certificates for ALL activities carried out. If they refuse, have an independent expert produce a findings report and consult a construction lawyer.

Can a painting company legally do masonry work?

Physically, yes — but their ten-year insurance will only cover the activities listed on their certificate. Working outside insured activities breaches the statutory insurance obligation (Article L241-7 of the French Insurance Code) and leaves you unprotected in the event of damage.

Contact

Phone: 04 22 46 06 04
Email: [email protected]
Office: 22 rue Vauban, 06600 Antibes

Related Reading

• Defects During an Ongoing Renovation: Contractor Still On Site
• Contractor Doing Poor Work: What to Do
• How Much Does a Building Expert Report Cost?

📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).