A direct subcontractor of the holder of the contract who has been accepted and whose terms of payment have been approved by the purchaser shall be paid for the part of the contract for which he is responsible: 1° Under the conditions laid down in this section when the amount of the subcontract is equal to or greater than a threshold set by regulation which may change according to changes…
A direct subcontractor of the contractor who has been accepted and whose payment conditions have been approved by the purchaser shall be paid directly by the purchaser for the part of the contract for which he is responsible.Any waiver of direct payment shall be deemed unwritten.
Direct payment is compulsory even if the contractor is being wound up by the court, is in receivership or is the subject of safeguard proceedings.
The terms of payment of subcontractors benefiting from direct payment, in particular the supporting documents to be sent to the contract holder, and the deadlines and conditions for acceptance of this payment, are defined by regulation.
A subcontractor who entrusts another subcontractor with the performance of part of the contract for which he is responsible is required to provide the other subcontractor with a personal and joint and several guarantee or a delegation of payment under the conditions defined inarticle 14 of law no. 75-1334 of 31 December 1975 relating to subcontracting.
A contract may be amended without a new competitive tendering procedure under the conditions laid down by regulation, when:1° The amendments were provided for in the initial contractual documents;2° Additional works, supplies or services have become necessary;3° The amendments are made necessary by unforeseen circumstances;4° A new contractor replaces the initial contractor;5° The amendments are not substantial;6° The amendments are small in amount.Whether they are made by agreement or, in…
When the purchaser unilaterally makes a modification to an administrative contract subject to this Book, the co-contractor is entitled to maintain the financial equilibrium of the contract, in accordance with the provisions of 4° of Article L. 6.
The additional or amending services requested by the purchaser from the holder of a public works contract which are necessary for the proper completion of the work and which have a financial impact on the public works contract shall be the subject of consideration allowing the holder of the contract to be fairly remunerated.
Without prejudice to the provisions of article L. 6 and special legislative provisions, the purchaser may terminate the contract in the cases provided for in this chapter.
The purchaser may terminate the contract in the event of force majeure.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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