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…
A subcontractor who has been accepted and whose terms of payment have been approved may assign or pledge all or part of his claim, up to the amount of the services paid directly to him. A copy of the original of the contract or of the certificate of transferability provided for in article R. 2191-46 or, where applicable, of the special deed provided for in article R. 2193-4 designating a…
The contract may be modified where the modifications, whatever their amount, have been provided for in the initial contractual documents in the form of review clauses, including clear, precise and unequivocal price variation or option clauses.These clauses indicate the scope and nature of the possible modifications or options and the conditions under which they may be used.
The contract may be amended when, subject to the limit set out in article R. 2194-3, additional works, supplies or services, whatever their amount, have become necessary and were not included in the initial contract, provided that a change of contractor is impossible for economic or technical reasons relating in particular to requirements for interchangeability or interoperability with existing equipment, services or installations purchased under the initial contract.
When the contract is concluded by a contracting authority, the amount of the amendment provided for in article R. 2194-2 may not exceed 50% of the amount of the initial contract. Where several successive modifications are made, this limit applies to the amount of each modification. The purpose of these successive modifications must not be to circumvent the advertising and competitive tendering obligations.
When calculating the amount of the modification referred to in article R. 2194-2, the purchaser shall take into account the implementation of the price variation clause.
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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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