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2. Financial performance of the contract
The contractor and the concessionaire are of course entitled to remuneration for the services they provide.
The CCAG-Travaux also recognizes the contractor's right to re-establish the financial equilibrium of the agreement through no fault of the project owner, for example in the event of an unforeseeable change in the economic circumstances of the contract (unforeseeable circumstances), or the occurrence of technical difficulties (unforeseen technical difficulties).
The reasons for this solution are the same as those which underpin the prerogatives of the public authority during the administrative performance of the contract: the general interest attached to the management of the public service, just as it justifies the exorbitant rights of the contracting public authority, also requires the continuation of the performance of the contract...
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Bibliography
- (1) - BLOCH (B.M.) - Code de la commande publique commenté 2022. - Éditions Berger-Levrault (20e édition 2022).
- (2) - BLOCH (B.M.) - CCAG – Travaux, texte annoté. - Éditions Berger-Levrault (5° édition 2021).
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