Overview
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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 - This article is the updated version of article C74v4 entitled "Private works contracts" written by Bernard-Michel BLOCH in 2012 and updated in 2015.
INTRODUCTION
In France, private works contracts are a matter of free negotiation between the parties. However, this contractual freedom has its limits in the regulatory environment of construction sites (health and safety, protection of workers, subcontractors and home buyers). Public, social and economic laws, which cannot be circumvented, provide a framework for the activities of project owners and their landlords.
Subject to these laws, many of which are codified in the Code du travail and the Code de la construction et de l'habitation, the conditions for executing a private contract are variable. Standards have certainly been drawn up by AFNOR (NF P 03-001 for building works [latest edition: October 2017], and NF P 03-002 for civil engineering works [latest edition: October 2014]) to provide participants in the act of building with a framework to govern their contractual relations, with the onus on them to define the specific terms and conditions of execution for each operation, with the contract, signed in all its components, then becoming the law of the parties. However, these standards are not mandatory, and are only binding if the contract signed refers to them.
The aim of this article is to provide the reader with a synthetic approach to all these issues, which are often scattered throughout specialized books and articles.
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Private works contracts
Standards and norms
- Marchés privés. Cahiers types. Cahier des clauses administratives générales (CCAG) applicable aux travaux de bâtiment faisant l'objet de marchés privés - NF P 03-001 - 10-2017
- Marchés privés. Cahiers types. Cahier des clauses administratives générales (CCAG) applicable aux travaux de génie civil faisant l'objet de marchés privés - NF P 03-002 - 10-2014
Legislation and regulations
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Code of ethics for architects (excerpts)
Article 2. – The vocation of the architect is to participate in everything that concerns the act of building and the development of space; in general, he exercises the function of project manager.
In addition to drawing up the architectural project, the architect may be involved in the following...
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