Overview
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Read the articleAUTHOR
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Bernard-Michel BLOCH: Diplôme d'Études Supérieures Spécialisées (DESS) in Construction and Urban Planning Law - Member of the Hauts-de-Seine Bar
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 Labor Code and the Construction and Housing Code, the conditions under which a private contract is carried out vary. Standards have certainly been established by AFNOR (NF P 03-001 for building work, and NF P 03-002 for civil engineering work) 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 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 signed contract 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
Bibliography
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Standards and norms
- Marchés privés. Cahiers types. Cahier des clauses administratives générales applicables aux travaux de bâtiment faisant l'objet de marchés privés. - NF P 03-001 - 12-2000
- Marchés privés. Cahiers types. Cahier des clauses administratives générales applicables aux travaux de génie civil faisant l'objet de marchés privés. - NF P 03-002 - 05-1992
Regulations
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Decree of March 20, 1980
The Code des devoirs professionnels des architectes requires architects to draw up an architectural project including at least (article 16 of the decree):
"graphic and written documents defining :
integration with the site, relief and climate;
the layout of the...
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