2016 – The Terrasses de Notre Dame case

Between 2006 and 2007, 23 families bought off-plan villas in the “Les Terrasses de Notre-Dame” housing development under a VEFA (off-plan sale) contract. The houses were due to be completed by March 2009. However, in 2009 the works stalled, revealing numerous defects, including the absence of foundations.

The buyers formed the association “Douceur de vie aux Terrasses de Notre-Dame” and brought legal proceedings. The judicial investigation would last seven years.

Expert reports commissioned by the future owners showed that the houses had serious construction defects. None of the houses had foundations. Demolition of the villas was inevitable. After various actions by the association, such as a demonstration at the headquarters of the Groupement Français de Caution, work resumed slowly, only on the upper part of the development, which was to be partly rebuilt.

After numerous postponements, the property developer Théo Stock and five other people were tried before the criminal court for fraud, forgery and use of forged documents in connection with the “Terrasses Notre-Dame” development in Septèmes-les-Vallons.

The prosecution argued that those involved in the property project intended, through this mechanism, to obtain funds unlawfully in order to finance the works cheaply before they had even begun. The ultimate aim of this manoeuvre was allegedly to call for funds in advance so as to be able to pay the contractors responsible for carrying out the works on site.

Philippe Vouland, assisted by Tom Bonnifay, defended the firm of architects implicated in the case.

By showing that no offence could be attributed to their client and that the matter fell within the jurisdiction of the civil courts, they obtained their client’s full acquittal.

Read a press article about this case (in French): Link to the article