A signed quote accompanied by a deposit forms a firm contract. The difficulty lies in the details: legal qualification of the payment, mentions in the quote, limitation periods. Mastering these mechanisms avoids significant losses on each project.
Two-Year Limitation and Deposit: The Trap of the Running Deadline
Most articles on deposits overlook a major risk: the two-year limitation of Article L.218-2 of the Consumer Code. When the client is a consumer, the action for payment of the balance is limited to two years.
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A ruling from the Court of Cassation on March 1, 2023 (Civ. 3e, n° 21-23.176) clarified the starting point of this period. It no longer starts from the date of invoicing, but from the date of completion of the work or execution of the service.
A ruling from March 6, 2025 (Civ. 3e, n° 23-20.075) specifies that, for a home builder, the claim for the balance is not enforceable before an unconditional acceptance. The limitation only begins at acceptance or upon lifting of reservations, with an extension of eight days when the project owner is not assisted.
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In practical terms, a contractor who lets more than two years pass after the completion of the work permanently loses the right to claim the balance, even if a deposit has been paid and a quote signed. We recommend invoicing the balance in the weeks following acceptance and sending a written reminder before the two-year deadline to interrupt the limitation.
Understanding the legislation on deposits and signed quotes remains the first line of defense against this type of silent loss, especially when projects are back-to-back and administrative follow-up is delayed.
Legal Qualification of the Payment: Deposit, Arrhes, and Financial Consequences
A payment accompanying a signed quote is presumed to constitute arrhes under consumer law, unless explicitly stated otherwise. The distinction is not cosmetic: it determines who bears the loss in case of cancellation.
Arrhes: Either Party Can Waive
If the quote mentions “arrhes” (or does not specify anything), the client can waive it by losing the amount paid. The professional can also waive it, but must then return double the amount received. This regime is defined by Article 1590 of the Civil Code.
Deposit: Firm Commitment and Mandatory Execution
A deposit definitively commits both parties to execute the contract. The client cannot withdraw without risking a claim for damages. The professional cannot abandon the project either. To secure the relationship, we observe that the mention “deposit” must be clearly stated on the quote, next to the amount paid.
The absence of this mention exposes the service provider to a dispute where the judge will requalify the payment as arrhes, with restitution of double the amount at the professional’s expense if they have canceled.
Mandatory Mentions in the Quote: What Really Protects Against Losses
An incomplete quote weakens the entire contractual chain. In case of dispute, a judge may consider that the client’s consent was not informed, opening the door to cancellation. The following mentions are most often absent from quotes that end up in litigation:
- The exact nature of the payment (deposit or arrhes), with the amount in figures and in words, and the conditions for restitution in case of cancellation by either party.
- The start date of execution or the intervention period. Without this mention, Article L.216-1 of the Consumer Code requires the professional to execute the service within 30 days following the signature.
- The detailed breakdown of services item by item, including supplies and labor, to avoid any disputes over the scope of work.
- The validity period of the offer, the payment terms for the balance, and any potential late penalties.
On construction sites, the decree of March 2, 1990 (amended) imposes additional specific mentions for quotes for work and home repairs. The activities concerned cover masonry, plumbing, electricity, locksmithing, roofing, and about twenty other trades.
Retention of Guarantee and Payment Schedule: Structuring the Quote to Limit Exposure
The law of July 16, 1971 provides for a 5% retention of guarantee on the amount of the work. This mechanism, often overlooked in artisan-consumer relationships, constitutes the real legal tool for protecting the project owner against defects.
From the professional’s side, this retention represents a temporary loss of earnings. It is only released upon the expiration of the perfect completion guarantee period (one year after acceptance), unless held in escrow with a third party. Including this retention in the quote allows for anticipating cash flow and avoiding surprises.
For projects of significant amounts, we recommend a three-stage payment schedule:
- A deposit upon signing, proportionate to actual supply costs (materials, subcontracting).
- One or more interim payments indexed to the observed progress, with a situation report.
- The balance upon acceptance, reduced by the retention of guarantee if it is provided for in the contract.
Each payment must correspond to an identifiable stage of the project. A schedule disconnected from actual progress exposes the professional to a request for partial restitution in case of dispute, and the client to overpayment without executed counterpart.
The combination of a complete quote, an explicit qualification of the payment, and rigorous monitoring of limitation periods forms the minimal legal foundation for any service provider. A poorly drafted quote costs more than consulting a lawyer in advance. It is better to invest a few minutes on contractual mentions than several months in a collection procedure.