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4. Non-performance and termination of contract (prior to termination)
The contract is usually terminated when each party has fulfilled its obligations, i.e. the contractor has delivered the work ordered, and the client has paid the full price. Difficulties often arise during performance, resulting in premature termination of the contract.
The origin of this end is often financial; while for an individual construction contract or a VEFA (vente en l'état final d'avancement), the regulations are very well defined, for a works contract where a project owner has entrusted one or more contractors or other parties with a contract to build a structure, the regulations are poorly defined.
A great deal of freedom is left to the parties; thus, generally speaking, the rules of the Civil Code apply. Ordinance no. 2016-131 of February 10, 2016 specifies the procedures for resolving disputes arising from total or partial...
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Non-performance and termination of contract (prior to termination)
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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The Ultimate Scientific and Technical Reference