Bad workmanship: what recourse do you have in Morocco against a tradesman or contractor?

Photo : Mk2010 · BY-SA 4.0

Updated 2026-10-31

The new tiles are lifting, the paint blisters after the first rain, the renovated bathroom leaks into the neighbour's flat, or the tradesman took the deposit and stopped answering. In Morocco you do have recourse, but it depends heavily on the evidence you kept and how fast you react, and it is harder to pursue from abroad. This guide explains, step by step, how to get a repair or a refund, what the law says (the Code of Obligations and Contracts, consumer law 31-08) and when going to court is worth it. The French terms are given because that is what you will see on quotes and letters.

Step one: record and document

Before any discussion, freeze the evidence. A defect repaired in a hurry by another tradesman becomes impossible to prove afterwards. Judges and experts reason from what is written and dated.

• Dated photos and videos of every defect, with something for scale (tape measure, coin) and a wide shot
• The signed quote (devis) or the one accepted on WhatsApp, deposit receipts, every message exchanged: delete nothing
• A written list of defects, room by room, sent to the tradesman by WhatsApp or email so they cannot claim they did not know
• If a neighbour or the building's syndic is affected (leak, crack), something in writing from them
• For a serious defect, a report by an independent expert or a court bailiff (huissier de justice) before any repair

Step two: talk first, then send a formal notice

The vast majority of disputes with a tradesman are settled without a court. Start with a calm call or message: most serious tradespeople would rather come back and fix than lose a client and their reputation. Set a repair date in writing.

If nothing happens, move to the formal notice (mise en demeure): a letter that recalls the work ordered, the defects found, what you demand (repair or refund) and a reasonable deadline, for example fifteen days. Send it by registered post with acknowledgment of receipt, or have it served by a bailiff if the amount justifies it. This document is often what gets things moving, and it is essential if you go further. From abroad, a relative or a lawyer in Morocco can send it for you.

• Keep it factual: dates, amounts, defects, a precise demand
• Attach the photos and the quote
• Offer a concrete solution: repair by a given date, or a refund matching the cost of repair by another tradesman
• Do not pay the balance until the repair is done, but do not withhold more than the defects are worth

What the law says in Morocco

The foundation is the Code of Obligations and Contracts (Dahir des obligations et des contrats, DOC). A tradesman who commits to a quote must deliver work that meets trade standards; if they do not, you can demand performance, a price reduction or damages. For construction, article 769 of the DOC makes the architect, engineer and contractor liable for ten years from completion if the building collapses or threatens to collapse because of a defect in construction, materials or ground. That is the well-known decennial guarantee, and it concerns structural soundness, not blistering paint.

Since 30 December 2024, 'all site risks' and 'decennial civil liability' insurance have been mandatory for construction projects subject to a building permit (law 59-13 and its implementing texts): contractors, architects and engineers must be insured, and a certificate is required for the occupancy permit. For an ordinary renovation entrusted to an independent tradesman, that insurance generally does not exist: your protection rests on the contract (the quote), your evidence and, for private individuals, consumer protection law 31-08, which frames dealings with a professional and gives consumer associations a role.

In practice, for an ordinary defect (tiling, plumbing, painting, joinery), you rely on the quote and the tradesman's contractual liability, not on the decennial guarantee. And the sooner you act after discovering the defect, the stronger your position.

Step three: expertise and the court

If the formal notice goes unanswered and the amount at stake justifies it, there are two routes. The first is the expert appointment in summary proceedings (référé-expertise): you ask the president of the court of first instance (tribunal de première instance) to appoint a judicial expert who inspects the defects, establishes their cause and prices the repair. The report then serves as the basis for a negotiation or a claim on the merits. The second is a direct claim for a refund or damages, with your evidence and possibly a private expert's report, bearing in mind that the judge can still order their own expertise.

If the tradesman took an advance and vanished without doing anything, you can also file a criminal complaint for breach of trust (abus de confiance) at the police station or with the prosecutor, in addition to the civil route. For small amounts, the cost (lawyer, expert fees, time) often exceeds what is at stake: that is where a written quote and a staged payment schedule make all the difference beforehand.

• Court of first instance of the place where the work was done or where the tradesman lives
• A lawyer is not always compulsory for small sums, but strongly advised once the file becomes technical; from abroad you will need one, with a power of attorney
• Expert fees are advanced by the claimant and can be charged to the tradesman if they lose
• A consumer protection association can guide you and sometimes act as mediator

The mistakes that lose a case

• Paying everything in cash with no receipt or quote: there is then no proof of the price nor of what was ordered
• Having another tradesman repair before anything was recorded: the expert can no longer establish the cause
• Letting months pass: wear and tear becomes indistinguishable from bad workmanship
• Accepting the handover without written reservations: any visible defect not noted is deemed accepted
• Hiring someone with no name or address: a formal notice with no addressee is useless
• Losing your temper in writing: insulting messages turn against you

Protecting yourself before the work: the most effective recourse

The best recourse is the one you never need. A written quote describing the work, materials and deadlines, payment in stages with the balance at the end, a handover with a list of reservations and photos: with that, most disputes are settled in one conversation. If you are abroad, have someone you trust attend the handover and send you photos before you release the final payment.

On aloaji.ma you can find plumbers, electricians, painters, masons, tilers and other tradespeople by city, with their phone and WhatsApp, and contact them directly for free. Reviews left by other clients are a good indicator; profiles marked 'Non vérifié' are businesses found through their own website and not yet checked by AloAji, so apply the same precautions: written quote, identity, references from recent jobs.

FAQ

Sources

• https://adala.justice.gov.ma/api/uploads/2024/02/28/Code%20des%20Obligations%20et%20des%20Contrats_compressed-1709126934943.pdf
• https://fr.hespress.com/406710-assurances-entree-en-vigueur-de-lobligation-des-assurances-tous-risques-chantier-et-responsabilite-civile-decennale.html
• https://reaconsult.ma/tendances-et-conseils-en-immobilier/garantie-decennale-construction-maroc-recours

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