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Pierre SERIN: ESTP and CHEC engineer
INTRODUCTION
This article concerns the payment of work ordered, i.e. the contract between the client and either the prime contractor or the contractors.
This payment action is therefore the responsibility of the client, who must pay during the course of the work. This payment corresponds to a price established by the companies (lump-sum contract or quantity survey contract) and remitted either to the project manager or to the client. A few lines will help you to understand the importance of price lists and detailed estimates based on "dry" prices. The principle of price invariability and the updating and revision of the tender price will be discussed. The payment of the contract will be covered in detail, including down payments, the balance, the retention clause and penalties for failure to meet payment deadlines.
Payment problems often arise during and at the end of a project. They are often due to non-performance or poor workmanship, and can lead to termination or cancellation (in various forms) of the contract.
Non-compliance with the Civil Code or standard NF P03-001 can lead to disputes, which can be settled amicably or require legal arbitration. But generally all ends well, and the client can take possession of his property.
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KEYWORDS
resolution | dispute | advance | final account | breach | cancellation
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Payment for work
Bibliography
- (1) - SERIN (P.) et al - Guide pratique du chantier, - ETI, http://publications. eti-construction.fr/publications/chantiers-ti409/
- (2) - SERIN (P.)...
Websites
National Building Federation
National Federation of Public Works
Légifrance
...
Standard
- Private markets – Sample notebooks – Cahier des clauses administratives générales applicable aux travaux de bâtiment faisant l'objet de marchés privés (classification index: P03-001) - NF P03-001 - Octobre 2017
Regulations
Law no. 71–584 of July 16, 1971
Law no. 2015–990 of August 6, 2015
Law no. 2008–576 of August 4, 2008
Law no. 2014–344 of March 17, 2014
Commercial code
Articles L. 410-2 and L. 441–6
Civil Code
Articles 1184, 1220 to 1230, 1142, 1710, 1792, 1799-1, 2044...
Events
Batimat Reed Expositions, international construction show held every two years in Paris (odd-numbered years).
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