Lawyer's guide: how to react when a construction site is abandoned in France? Practical advice to react in the best way
What does site abandonment mean? What steps should you follow? What recourses for the project owner? Guarantees, risks, concrete examples and legal advice to respond effectively to an abandonment of construction site and to anticipate the corresponding disputes.
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Definition and challenges of site abandonment
What is site abandonment?
Site abandonment corresponds to the unjustified and lasting interruption of work by the contractor, except in cases of force majeure or prior agreement with the project owner. It is often a stoppage of work without legitimate reason, which endangers the completion of the project. Jurisprudence considers abandonment when the work is stopped, the workers are absent, and no valid explanation is given.
Concrete example: An SME requests a complete renovation of its premises and the contractor stops the construction site, no longer answers calls or emails, while the schedule foresees 2 remaining months of work.
The challenges for SMEs
In addition to the delay or paralysis of the project, the abandonment of the site involves the risk of additional costs, immobilization of premises, bank proceedings (if loan is in progress) and, if necessary, unrepaired defects. It can also lead to long and costly legal disputes to obtain the resumption or finalization of the work site, or even compensation for the damages suffered.
Common causes of construction site abandonment
Causes attributable to the contractor
Common causes include:
- Financial difficulties (liquidation, reorganization)
- Undervaluation of the estimate
- Poor organization or management of the construction site
- Lack of supply of materials
Example: A company that renovates a store has cash flow problems, which prevents it from buying the necessary materials and stops any intervention without notice.
Causes related to the project owner
Cases where the client SME itself commits a serious breach (non-payment of an invoice, obstacle to access the site) may result in the legitimate suspension of work by the contractor.
Educational framework:
“The suspension of work for non-payment is legally allowed, provided, however, that the contractor has given formal notice to the SME to pay the amounts due.”
After how long does it take to talk about site abandonment?
Deadlines and assessment of site abandonment
There is no specific legal deadline; case law uses a few weeks (generally 1 to 3 weeks of unjustified inactivity) to characterize abandonment, as long as the silence or desertion is prolonged for no reason. Only a legal professional will be able to assess the severity according to the context.
Concrete example
A company does not return to the construction site for 10 days despite several written reminders and there is no credible explanation justifying this stop. Abandonment may be characterized, subject to compliance with the formal notice procedure.
What to do in case of abandonment of a construction site? (detailed procedure)
1. Attempt an amicable resolution
First, contact the contractor in order to obtain an explanation and a voluntary resumption of the work.
2. Give notice to the company to resume construction
Send a registered letter with acknowledgement of receipt to the contractor. The formal notice must:
- Be motivated
- Specify the recovery period (generally 8 to 15 days)
- Recall the contractual obligation
Formula example:
“I give you formal notice to resume the execution of the work provided for in the contract of [date], within [x] days from the receipt of this document, otherwise I will draw all legal consequences.”
3. Have the abandonment of the construction site confirmed by a bailiff
A bailiff will be able to:
- Establish a precise record of the situation and of the unfinished work
- Identify the equipment left on site
- Formalize the absence of workers
This document is essential in the event of legal proceedings or if the construction site is taken over by another company.
4. Stop remaining payments
No longer pay deposits or payments until the situation is clarified under cover of a report of abandonment and an unanswered formal notice.
5. Start legal action
If the entrepreneur does not react, several actions are possible:
- Termination of the contract for fault (article 1226 of the Civil Code: reasoned notification)
- Seize the summary proceedings judge (to obtain the takeover or the designation of a new company, sometimes with a penalty)
- Request damages
6. Mandating a new company
After an official assessment and termination, the SME may have the work completed by another company at the expense of the defaulting contractor, with the authorization of the judge.
7. Negotiate with the bank (if ready work in progress)
The contracting authority must continue to repay the loan and cannot interrupt it without a court decision; however, negotiations with the bank are possible to temporarily suspend the deadlines in the event of abandonment.
What are the remedies?
Extrajudicial recourse
Favour the amicable solution to avoid litigation and additional costs, by mobilizing the contractor and partners (architect, insurer).
Judicial recourse
- Referred to obtain forced completion
- Request a penalty payment (fine per day late to encourage action)
- Claiming the cost of repairs and finishes to the contractor by way of judicial provision
What is the role of insurance in site abandonment?
Some insurances (construction damage, delivery guarantee, ten-year liability) cover all or part of the consequences of the abandonment for the project owner, subject to the conditions stipulated in the contracts.
What are the risks and consequences for the entrepreneur?
- Loss of debt and payment
- Sentence to indemnify the SME
- Tarnished reputation
- Liquidation risk or insolvency proceedings
- Possible criminal liability (breach of trust in some cases)
Contractual clauses to protect yourself from site abandonment
Example of a vigilance clause
“In the event of an unjustified suspension of work for more than 15 days, the contracting authority may, after a formal notice that has remained unsuccessful, terminate the contract by operation of law, mandate a third party to complete the work at the expense of the defaulting contractor, and claim compensation for any direct or indirect damage resulting from this non-performance.”
Keys to secure the contract
- Detailed schedule and late penalties
- Delivery guarantee by insurer requested upon signature
- Obligation to notify difficulties immediately
- Clause for the lump-sum of the contractor's replacement cost
- Educational framework: “The penalty clause makes it possible to anticipate the amount of damages due in the event of abandonment.”
Recent case law on site abandonment
Recent case law examples
- Versailles Court of Appeal, September 2, 2025, no. 24/07253: Confirmation of the contractor's responsibility for abandoning the site, using the date of the stoppage of work as the end date of the contract.
- Quebec Superior Court, June 2024: The abandonment marks the starting point of the deadline for registering the legal hypothec; the entrepreneur loses the benefit of the mortgage if the formalization takes place after the deadline.
- Court of Cassation, 3rd civil, June 2023, no. 22-11.675: The contractor is ordered to pay damages to the project owner for unjustified stoppage and compulsory takeover by a third party.
Construction site abandonment FAQ (Google questions and practical cases)
Construction site abandonment: after how long does it take to notice it?
As soon as the unjustified inactivity exceeds 8 to 15 days and no credible explanation, force majeure or amicable solution has been found.
Model letter: abandonment of construction site
Example:
” Madame, sir,
I note that the construction site at [location] has been stopped since [date]. Under the contract signed on [date], I give you formal notice to resume performance within 8 days from receipt of this contract, otherwise I will draw all the consequences provided for in the contract and in law. In accordance with contractual provisions, and in the absence of recovery, I will consider terminating the contract, using a third party company, and claiming amounts unduly paid and late penalties.
Please agree...”
Abandonment of construction site: what to do?
- Give notice to the entrepreneur
- Have it confirmed by a bailiff
- Stop all payments
- Seize the judge if necessary
- Mandating a new company after official termination
- Start a bank negotiation if ready
- Get the assistance of a lawyer as soon as the abandonment is noticed
Recent case law
See the previous dedicated section and remember that judges are particularly vigilant to prove abandonment and damage suffered by the SME.
Breach of trust and abandonment of construction
In the most serious cases (payments received and no intention of carrying out the work), the company manager may initiate proceedings for breach of trust, a criminal offence characterized by the misappropriation of funds or deposits received without compensation.
Practical box: Checklist of actions to be taken
Recourse to avocados: a regulated matter
Construction site abandonment litigation is complex, subject to strict regulations and frequent changes in case law. Only the use of a lawyer specialized in contract law and commercial litigation makes it possible to anticipate, secure your procedures and optimize the management of the dispute. It is strongly recommended to consult a professional before any legal or contractual commitment. Each company and each situation thus benefits from specific and adapted advice to protect its interests.
Article written by Guillaume Leclerc, lawyer in commercial contracts and commercial litigation in Paris.
