The project manager or the service provider authorised to receive requests for payment must indicate the date of receipt or submission of the creditor’s request for payment in the statement that he sends to the contracting authority for payment.
The contract includes stipulations on the penalties incurred as a result of failure to comply with the time limit mentioned in article R. 2192-19 or the obligation provided for in article R. 2192-20, as well as the method of calculation. It also provides for the option for the contracting authority to carry out or have carried out, after formal notice, the services at the expense of the defaulting party.
The payment period for subcontractors benefiting from direct payment pursuant to Article L. 2193-10 is identical to that applicable to the contractor. This period runs from the date on which the contracting authority becomes aware of the holder’s express or implicit acceptance of the supporting documents serving as a basis for direct payment.
For contracts concluded by the State, its public establishments other than those of an industrial and commercial nature, local authorities and their public establishments, the period for payment by the subcontractor runs from receipt by the contracting authority of the agreement, total or partial, of the holder of a contract to the payment requested. In the absence of notification of an agreement or refusal by the holder within the period…
In the event of payment of an advance pursuant to article R. 2191-3, the time limit for payment of the advance shall run from: 1° either the date of notification of the contract; 2° or, where the contract so provides, the date of notification of the act which entails commencement of performance of the services corresponding to the advance. In other cases, the payment period runs from the date on…
Where the provision of a first demand guarantee or a personal and joint surety is required, the time limit for payment of the advance may not run before receipt of this guarantee or surety.
In the event of payment of a termination indemnity, the period for payment of this indemnity runs from the date on which the amount of the indemnity is determined, once the decision to terminate the contract has been notified.
Where the request for payment does not include all the documents and information required by law or by the contract, or where these are incorrect or inconsistent, the time limit for payment may be interrupted once by the contracting authority.For contracting authorities with a public accountant, this interruption may only take place before the expenditure is authorised.
The creditor is notified of any interruption in the payment period referred to in article R. 2192-27 by any means that can be reliably dated. This notification specifies the reasons attributable to the creditor which oppose payment, as well as the documents to be provided or completed.
Once all the documents and information provided for in article R. 2192-27 have been received, a new payment period is opened. This period is thirty days or equal to the balance remaining on the date of receipt of notification of the interruption if this balance is greater than thirty days.
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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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