The short answer
Document the defect and give precise notice to the other contracting party while checking the applicable time limits. For contracts covered by the reform that entered into force on 1 January 2026, the new rule provides for notice within sixty days of delivery of the works or discovery of the defect. This period is neither universal for older contracts nor a limitation period.
1. Locate the acceptance records and contract
Gather the signed contract, amendments, acceptance report and any reservations. Note the dates of delivery and discovery of the defect. Have the contract type, transitional law and applicable clauses checked before relying on a time limit, including where an SIA standard has been incorporated.
Avoid confusing the date on which a problem was reported verbally with the date of documented notice. Reconstruct the exchanges without rewriting them. A clear chronology enables the specialist to understand what was observed and when, rather than starting from an estimate.
2. Document without worsening the damage
Retain dated photographs, location details, a description of the signs of the defect and exchanges with the parties involved. Distinguish observations from a hypothesis about the cause. For a company occupying the premises, also record unusable areas and the actual consequences for operations.
Arrange proportionate urgent measures with the appropriate professionals for safety and loss mitigation. Keep a record of actions and costs. Do not undertake destructive investigations or permanent repairs without clarifying evidence preservation and the necessary coordination.
3. Give precise notice to the right recipient
Prepare written notice to the other contracting party identifying the works, the observed defect, its location and the known dates. Check the recipient, form and relevant evidence of transmission and receipt. Do not settle for a call to someone who used to be present on the construction site.
An expert assessment can clarify the cause, but waiting for it must not allow time limits to expire. Have the necessary steps examined promptly if the timetable is uncertain. Keep notice to the other contracting party separate from notification to the potentially relevant insurer.
4. Coordinate liability and cover
Construction works insurance, a participant's liability insurance, building insurance and a contractual guarantee do not address the same question. Describe the situation to each relevant contact and ask who is examining what. Acceptance alone does not establish whether a policy continues or has ended.
Track references, documents awaited and written positions. Notification does not amount to acceptance, and the existence of insurance does not determine liability. To decide on the next steps, bring contracts, evidence, notices and replies together in an organised file; individual legal questions are a matter for a specialist.
Frequently asked questions
Do the sixty days apply to every construction project?
No. Check whether the contract falls under the reform of 1 January 2026, the transitional law and the contract type. This notification period must not be confused with the limitation period.
Should you wait for the expert assessment before giving notice?
Do not allow time limits to expire while waiting. Describe the known signs of the defect and promptly clarify the appropriate steps; the expert assessment can supplement the examination of the causes.
Does construction works insurance pay for every defect after acceptance?
Not automatically. Check the policy period and scope, the liability of the parties involved and any guarantees. Each contact must clarify their position.