The members of the amicable dispute resolution committees and the appointed rapporteur must not have had previous experience of the case submitted to them.
The committee meets in camera. The rapporteur presents his report orally. The committee hears the contract holder and the purchaser’s representative, who may be assisted by any person of their choice, as well as any person whose hearing the chairman deems useful. The Committee may only validly deliberate when at least three of its members with voting rights are present at the meeting, including the Chairman or Vice-Chairman and one…
The committee notifies its opinion within six months of the date on which the matter is referred to it. This period may be extended by periods of one month, up to a maximum of three months, where this is justified by particular difficulties in examining the case.The opinion is notified to the purchaser and to the contract holder. It is sent, for information, to the Minister responsible for the economy…
The decision taken by the purchaser on the committee’s opinion is notified to the contract holder and to the secretary of the Advisory Committee for the Amicable Settlement of Disputes. It is sent, for information, to the Minister for the Economy.
In the event of a dispute concerning the performance of contracts, purchasers and holders may have recourse to the Company Mediator.The Company Mediator acts as a third party, without decision-making powers, in order to help the parties, who have expressed a wish to do so, to find a mutually acceptable solution to their dispute.
Referral to the Company Ombudsman interrupts the time limits for appeals in the case of contracts that are administrative contracts.
For the State, recourse to arbitration in the cases mentioned in Article L. 2197-6 is authorised by decree issued on the report of the competent minister and the minister responsible for the economy.
Subject to the provisions of Book V of this Part, the partnership contracts defined in Article L. 1112-1 are governed by the provisions of Book I with the exception of : 1° The provisions of sub-section 3 of section 1 of chapter I of title VII relating to the provisions common to global contracts involving design services for a building structure; 2° The provisions of sections 2 and 3 of…
Purchasers may only use a partnership contract if its value exceeds a threshold set at : 1° €2 million excluding tax when the main purpose of the partnership contract is for intangible assets, information systems or equipment other than works, and when the contract includes quantified energy performance targets and provides that the contractor’s remuneration is to take account of the achievement of these targets; 2° €5 million excluding tax…
The value of the partnership contract taken into account for the purposes of applying the threshold mentioned in article R. 2211-1 is the value estimated at the time the invitation to tender is sent to the publication. This value includes: 1° The contractor’s remuneration paid by the purchaser; 2° Where applicable, income from ancillary activities or from the development of the estate; 3° Where applicable, any public funding.
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75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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Paris Bar Registration n° (Toque) C2396
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