Overview
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ABSTRACT
The purpose of this article is to review and describe the content of the several documents included in the execution of a works contract (public or private).
The execution of a works contract is part of a comprehensive construction operation involving various economic operators not necessarily linked together by a contract. The multiplicity of its participants fulfills different but complementary objectives. Consequently, it is important to understand the limits of each participant's mission, and how they coordinate their assigned tasks.
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Bernard-Michel BLOCH: Diplôme d'Études Supérieures Spécialisées (DESS) in Construction and Urban Planning Law - Former member of the Paris and Hauts-de-Seine bars
INTRODUCTION
The distinction made between public and private contracts
In public works contracts, an essential document is the Cahier des clauses administratives générales des marchés publics de travaux (CCAG-Travaux), the most recent version of which was approved by decree on March 30, 2021 and last amended by decrees on September 30, 2021 and December 29, 2022.
In private works contracts, where contractual freedom is the rule, Afnor standard NF P 03-001 (October 2017), which aims to define "in a general way the rights and obligations of each contracting party" in a private building works contract, is not binding and only applies if it is made contractual by the contract. Although it is often derogated from in specific contract documents, it constitutes a reference document.
That said, both public and private sector contracts feature inter-company cooperation (subcontracting, grouping), as well as professional supervision (project management, scheduling, management and coordination, health and safety, technical control).
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KEYWORDS
Contract | markets of works | regulation | building | technical control | execution of works | firms group
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Construction law and general management
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Regulations
Follow the link below to find out more about Appendix 20 of the French Public Procurement Code, which compares the three core tasks of project management.
This table has been entirely created by the author to facilitate understanding of these regulations.
Appendice
Sample Prorata Account Management Agreement
A. DESIGNATION OF CONTRACTING PARTIES
(all companies present on the site, including subcontractors)
We remind you of the following:
The signatories of the present agreement contribute to the achievement of...
The signatories may incur...
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