When the task entrusted to the project manager includes, in addition to assisting the project owner in awarding public works contracts, supervising the performance of public works contracts and assisting the project owner during acceptance operations, the public works contract includes an undertaking by the contractor to comply with the cost, together with a new tolerance threshold, resulting from the public works contracts awarded by the project owner.
Compliance with this undertaking is checked once all the work required to complete the project has been carried out, taking into account the final total cost of the work resulting from the final accounts and invoices of the economic operators responsible for the work.
In order to monitor compliance with the project manager’s undertaking, the public works contract sets out the procedures for taking account of variations in economic conditions.
If the tolerance threshold is exceeded as a result of the project manager failing to carry out his duties of supervising the performance of the public works contracts and assisting the project owner during acceptance operations, the project manager’s remuneration is reduced. The public works contract sets out the method for calculating this reduction, which may not exceed 15% of the contractor’s remuneration for work performed after the public works contracts have been awarded.