Have you found defects in your new-build home and want to organise a contradictory (joint) expert inspection in the developer’s presence? Yes, an owner can officially summon the developer to an amicable contradictory expert inspection. The developer is notified by registered letter with acknowledgement of receipt, or by bailiff, with a reasonable notice period of at least 15 days. The expert records the observations of all parties, and a contradictory report is signed at the end of the visit. If the developer fails to attend, the report retains its full evidentiary value.
The procedure for officially summoning the developer
An amicable contradictory expert inspection is a voluntary process organised by the owner, distinct from a judicial expert inspection. It relies on the formal summons of all parties concerned, in particular the developer/seller.
The notice period
The summons must respect a reasonable notice period so the developer can prepare. Professional practice sets a minimum of 15 days between receipt of the summons and the date of the inspection. This period can be extended if the complexity of the defects requires prior preparation (reviewing plans, retrieving site archives).
Notification is made by registered letter with acknowledgement of receipt, sent to the developer’s registered office. To strengthen the evidentiary value, some owners use a bailiff (huissier de justice) to deliver the summons by formal extrajudicial act. This option, more costly, guarantees maximum traceability.
The mandatory content of the summons
The summons must specify several essential elements:
- The full address of the property concerned (unit number, building, floor)
- The date, time and estimated duration of the inspection
- A summary list of the defects observed (water infiltration, cracks, waterproofing faults, visible poor workmanship)
- The identity and qualifications of the appointed expert
- A formal request for the developer or their technical representative to attend
- A note that the developer may be assisted by an expert or technician of their choice
- A warning that, if absent, the inspection will proceed without them and the report will carry the same evidentiary weight
The consequences of the developer’s absence
If the developer fails to attend despite a properly issued summons, the inspection proceeds without them. The report notes the summons that went unanswered and records the findings made. This report retains its full evidentiary value: it can be included in the file of a subsequent legal proceeding, or submitted to the builder’s decennial insurer or the owner’s dommages-ouvrage (building damage) insurance.
The developer’s absence does not prevent the expert from carrying out measurements, tests and diagnostics. Measuring instruments (Trotec infrared thermography, moisture meters, dye or smoke tests) provide objective data independent of whether the seller attends.
Differences from a judicial expert inspection and a bailiff’s report
Judicial expert inspection (Article 145 of the French Code of Civil Procedure)
A judicial expert inspection is ordered by the interim relief judge (juge des référés) at a party’s request. It follows a procedure strictly governed by Articles 145 et seq. of the French Code of Civil Procedure. The judge appoints an independent expert and sets their mission and deadlines. All parties are summoned by the judicial expert; the absence of one party does not prevent the inspection from taking place.
A judicial expert inspection is heavier and longer: filing a request, an interim relief hearing, a court decision, and expert fees set by the judge and lodged with the court registry. It generally comes into play after an amicable expert inspection has failed, or when the dispute has already gone to court.
The bailiff’s report
A bailiff’s report (constat d’huissier) is an official record describing the condition of a property at a given moment. The bailiff photographs, films and records what they observe, without giving any technical opinion on the causes or severity of the defects. They do not carry out instrumental measurements, do not search for hidden water infiltration, and do not diagnose the origin of cracks.
A bailiff’s report is useful for fixing a situation at a precise date (before works begin, before a guarantee period expires), but it does not replace a technical expert inspection. It is often paired with an amicable expert inspection to strengthen traceability.
The amicable contradictory expert inspection
The amicable contradictory expert inspection is a voluntary process organised by the owner. It requires neither a court application nor a court decision. The owner freely chooses their expert, summons the parties concerned (developer, contractors, the managing agent if applicable), and sets the date of the visit.
The expert drafts a detailed technical report, diagnosing the defects, identifying their causes, giving a legal qualification (poor workmanship, hidden defect, non-conformity with the technical specifications), estimating the loss, and recommending repairs. This report can then serve as the basis for an amicable negotiation, a claim under the dommages-ouvrage insurance, or legal proceedings if the dispute persists.
Why choose a contradictory expert inspection
The contradictory nature of the inspection considerably strengthens the evidentiary value of the report. A contradictory expert inspection helps avoid the report being systematically challenged by the developer or their insurer.
The report’s evidentiary weight for insurers
Dommages-ouvrage (building damage) insurance responds within 5 days of a claim being filed for defects covered by the decennial guarantee. The DO insurer appoints its own expert. A prior contradictory expert report facilitates dialogue with the DO insurer’s expert: the defects are already documented, the causes identified, and the recommendations costed.
The builder’s decennial liability insurer reviews claims from the DO insurer. A contradictory report limits challenges: the developer was summoned, was able to present their observations, and their arguments are recorded in the report. The decennial liability insurer therefore has a complete technical file to assess their cover.
The report’s value for your lawyer
If the dispute heads towards legal proceedings, the owner’s lawyer has a solid technical report to base the summons or the interim relief application on. The judge notes that the owner respected the principle of due process by summoning the developer before taking any legal action. Courts value this good-faith approach.
The contradictory report can be submitted as evidence from the outset of proceedings. It guides the judge in selecting the judicial expert and defining the scope of their mission. The judicial expert often relies on the findings of the amicable inspection to complete their own investigations.
Credibility before the court
The Grasse Judicial Court (with jurisdiction over Antibes and the Alpes-Maritimes) and the Toulon Judicial Court (with jurisdiction over the Var) view well-conducted contradictory expert inspections favourably. The judge notes that the owner attempted an amicable resolution before turning to the courts, in keeping with the spirit of the Code of Civil Procedure.
A contradictory report signed by the expert and the parties present constitutes strong evidence. If the developer refuses to sign, that refusal is recorded in the report and can be interpreted as an implicit acknowledgement of the defects observed.
The expert’s role in a contradictory inspection
An independent expert takes on several responsibilities to ensure the contradictory inspection is properly conducted and effective.
Preparation beforehand: the defect checklist
Before the visit, the expert prepares a detailed checklist of the defects reported by the owner: precise location, nature, extent, date of appearance, and progression. This checklist structures the inspection and ensures no defect is overlooked during the visit.
The expert gathers the relevant technical documents: the off-plan sale contract (VEFA), the descriptive notice, architect’s plans, technical specifications, handover reports, and correspondence with the developer. These documents are reviewed beforehand to compare the observed condition with what was promised.
Directing the contradictory visit
On the day of the inspection, the expert directs proceedings. They introduce the participants, restate the purpose of the inspection, and set out the defects to be examined. They organise the walk-through of the property, room by room, following the defect checklist.
The expert carries out instrumental measurements: infrared thermography to detect thermal bridges and hidden infiltration, moisture readings to quantify dampness in materials, and dye or smoke tests to check the tightness of drainage systems. These measurements are taken in front of all parties, who can ask questions about the method and the results.
The expert takes numbered, geo-referenced photographs, records the measurements, and notes each party’s observations. The developer may present their explanations, dispute the severity of a defect, or propose a repair. The expert records everything, without prejudging the validity of any argument.
Drafting the contradictory report
At the end of the visit, the expert drafts a contradictory findings report. This document summarises the defects observed, the measurements taken, and each party’s observations. It is signed by the expert and the parties present (owner, developer or their representative).
If the developer refuses to sign, the expert records this refusal and asks for the reasons, which are then noted. Refusal to sign does not invalidate the findings: the detailed report retains its evidentiary value.
The expert then drafts the full expert report, usually delivered within 15 days. This report includes: details identifying the property, a reminder of the applicable statutory guarantees (one-year perfect completion guarantee, two-year guarantee, ten-year decennial guarantee), a detailed description of the defects with photographs and measurements, a diagnosis of the causes, the legal qualification, an assessment of the loss, and repair recommendations. The report is sent to the owner and, depending on the terms of the assignment, to the other parties summoned.
Frequently asked questions
Can the developer refuse to attend an amicable contradictory expert inspection?
Yes, the developer can refuse or simply not attend: an amicable expert inspection is a voluntary process, not ordered by a judge. However, their absence does not prevent the inspection from taking place. The report notes the properly issued summons that went unanswered, which strengthens the owner’s position in any subsequent legal proceedings. Courts often interpret this absence as a refusal of amicable dialogue.
What is the difference between a contradictory expert inspection and a counter-expert inspection?
A contradictory expert inspection brings all parties together at the same time, during a single visit directed by one expert. Each party can present their observations, which are recorded in a single report. A counter-expert inspection takes place after a first inspection: one party disputes the findings and appoints a second expert to examine the property separately. This produces a second report, which may contradict the first. A contradictory expert inspection avoids this conflict between reports by bringing everyone together from the start.
Is a contradictory expert inspection mandatory before going to court?
No, no law requires an amicable expert inspection before legal action. However, it is strongly recommended: it provides proof of an attempt at amicable resolution, it technically documents the defects, and it facilitates the judicial expert’s work if the judge orders an inspection. In addition, dommages-ouvrage insurance generally requires a technical expert report to process the claim, even though it subsequently appoints its own expert.
How long after handover can I organise a contradictory expert inspection?
A contradictory expert inspection can be organised at any time during the statutory guarantee periods: the perfect completion guarantee (1 year after handover), the two-year guarantee covering detachable equipment, and the ten-year decennial guarantee for defects affecting the structural soundness or intended use of the building. It is best to act as soon as defects are discovered, without waiting for the deadlines to expire. For visible defects, the period runs from the date of handover. For hidden defects, it runs from the date they are discovered.
Cassini Expertise, an independent expert covering the Var and Alpes-Maritimes
Cassini Expertise operates in Antibes and across the Var (83) and Alpes-Maritimes (06) departments for contradictory VEFA expert inspections. With 15 years of experience in public works and project management, we use professional measuring instruments (Trotec thermography, moisture metering, dye and smoke tests for drainage networks) to objectively document defects. Our total independence — no construction work carried out, no materials sold — guarantees the impartiality of our findings. We are a qualified specialist expert.
We arrange the official summons of the developer, direct the contradictory visit, record the observations of all parties, and draft a full technical report that is enforceable before the Grasse Judicial Court (Alpes-Maritimes) or the Toulon Judicial Court (Var).
Contact: 04 22 46 06 04 – [email protected]
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📅 Mis à jour le 25/09/2026 — Cassini Expertise, expert bâtiment indépendant (06·83·13·40).