Here are a few points to check when setting out to sign a contract for the construction of a single-family home:

1. Identify the correct type of contract •

Is the contract a CCMI *with* the provision of plans (where the builder designs and builds) or a CCMI *without* the provision of plans (where the client supplies their own plans)? Statutory guarantees differ depending on the case.

• Ensure the builder is not having you sign a simple contract for services (*louage d'ouvrage*) or a "project management" (*maîtrise d'œuvre*) contract that is actually a disguised CCMI, intended to evade the protective legal framework of the CCMI.

This is a common pitfall. Whenever a builder handles both the design AND the construction for a private individual building their own home, the CCMI legal framework applies as a matter of mandatory law, regardless of the name given to the contract. Many clients have found themselves dealing with builders who lack insurance coverage because the insurer refused to honor the policy, citing the fact that the activity of building single-family homes had not been declared. See the relevant ruling: Court of Cassation, 3rd Civil Chamber, September 30, 2021, No. 20-12.662 (Unpublished). "The Court of Appeal correctly inferred that the defects stemmed from activities not declared at the time the insurance contract was taken out, and that the insurer could not be held liable under the policy."

Therefore, be very vigilant regarding the activities builders have declared to their insurers. You must always verify this.