The project owner may, under the conditions set out in this chapter, use the services of third parties in the following ways:1° Assistance to the project owner;2° Project management;3° Project management mandate;4° Transfer of project management.
The project owner may award public contracts for project management assistance relating to one or more specialised areas, in particular relating to all or part of the preparation of the programme, the setting of the estimated financial budget for the project or specialised advice in a technical, financial, legal or administrative area.
The project owner may award a public contract to a project manager for general administrative, financial and technical assistance. This public contract is concluded in writing, regardless of its value.
The role of project manager is incompatible with any project management, technical inspection role as defined in article L. 125-1 of the French Construction and Housing Code or work execution role relating to the same project and carried out either directly by the project manager or by an affiliated company as defined in article L. 2511-8.
Within the limits of the programme and the provisional financial envelope for the operation that he has decided, the project owner may entrust an agent, by means of a project management contract, with the exercise, in his name and on his behalf, of all or part of the powers referred to in article L. 2422-6, under the conditions of this section. However, sub-section 4 of this section does not apply…
The purpose of a project management contract is to entrust the agent with the exercise of some or all of the powers referred to in Article L. 2421-1, of all or some of the following: 1° Defining the administrative and technical conditions under which the work will be designed and executed; 2° Preparing, awarding and signing, after approval of the successful tenderer, the project management contract and monitoring its execution;…
The project management contract is concluded in writing, regardless of the amount involved, and sets out, on pain of nullity :1° The work which is the subject of the contract, the responsibilities entrusted to the agent, the conditions under which the project owner declares the completion of the agent’s assignment, where applicable the terms of the agent’s remuneration, the penalties applicable to the agent in the event of failure to…
The mandatary is subject to the obligation of personal performance of the project management contract.He is subject to the provisions of this book in the exercise of the powers entrusted to him by the project owner.
The rules for the award and performance of contracts concluded by the agent are those applicable to the project owner, subject to any adaptations provided for by regulation to take account of the agent’s involvement.
The authorised representative represents the project owner with regard to third parties in the exercise of the powers entrusted to him.This representation is exercised until the project owner has established that the authorised representative’s mission has been completed under the conditions defined by the contract.
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call us at +33 (0) 1 84 88 31 00 or send us an email.
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
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
Resources
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
Useful links
Our French business lawyers are here to help.
We offer a FREE evaluation of your case.
Call +33 (0) 1 84 88 31 00 or send us an email.
All information exchanged through this website will be communicated to lawyers registered with a French Bar and will remain confidential.
