Subsection 1: Advances

Where the provisions of Sections 1 to 3 of Chapter I of this Title apply to the contract, they shall apply to the subcontractors subject to the specific provisions of this sub-section.

Where part of the contract is subcontracted, the advance paid to the contractor is calculated on the basis of the amount of the contract less, where applicable, the amount of the services entrusted to the subcontractors and giving rise to direct payment.

As soon as the contractor fulfils the conditions to benefit from an advance payment, an advance payment is made, at their request, to the subcontractors benefiting from direct payment. For the purpose of calculating the amount of this advance payment, the limits laid down in articles R. 2191-3 to R. 2191-10 are assessed by reference to the amount of the services entrusted to the subcontractor as set out in the…

The subcontractor’s right to an advance payment is established as soon as the purchaser notifies the contract or the special act. Repayment of this advance shall be deducted from the sums due to the subcontractor in accordance with the same procedures as those set out in articles R. 2191-11 and R. 2191-12.

If the holder of the contract who has received the advance payment subcontracts part of the contract during its performance, he shall reimburse the advance payment corresponding to the amount of the subcontracted services and giving rise to direct payment to the purchaser, even if the subcontractor does not wish to benefit from the advance payment. Repayment by the contractor is deducted from the sums owed to him by the…