Article | REF: C74 V2

Private works contracts

Author: Bernard-Michel BLOCH

Publication date: November 10, 2012

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4. Contract performance

4.1 Owner's prerogatives and obligations

It is the responsibility of the project owner to ensure that the project submitted complies with the rules laid down by the planning authorities in the region concerned, before placing the order with the various project owners.

In particular, the building permit application is legally the responsibility of the client. Indeed, standard NF P 03-001 (art. 4.3.1.1) stipulates that "the project owner must obtain the building permit and send a copy to the contractor". Nevertheless, in this specific case, case law applies the theory of the duty to advise on the part of lessors of work, considering in particular that "the contractor, entrusted with the erection of a building, fails in his duty to advise, which is incumbent on...

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