Cont Public Works

Contracts of Public Works
definition
A contract between a contractor & an
administrative authority
To construct, maintain or repair a public
work
Formation of contract
Through competition
Fix freely the conditions of competition
Determine by whom & how the completion
shall be judged & ranked.
Choose freely the persons to take part 1
Administrative authorities shall be
bound to respect the rules of
competition made by them
Conclusion of contract
They shall be free to allot the contract to
whom they think fit.
2
Normal performance of contract
Right of administrative authorities
• Right of supervision
• Direction of works
Right of supervision
• At any time enter the site request the
contractor information necessary for their
control
• Contractor shall observe regulations by
authorities
3
Direction of works
Regulate by means of requisition orders,
the development of the works
Prescribe to the contractor the manner of
performance of such works
Contractor shall comply with the plans &
models given to him
4
Rhythm of works
Administrative authorities may fix the
period for the performance of the work
They shall regulate the order of sequence

rhythm of the works within the general
period
5
Personnel & material
Administrative authorities shall decide the
extent of personnel & material
They shall supervise personnel
They control the quality of materials
Defective works
Administrative authorities may require the
demolition & reconstruction of defective
works
6
Written or verbal orders
Contractor shall carry out what is given to
him in writing
Verbal orders shall bind him if they are
given within the limits of the execution of
this specification or
The contract has expressly imposed upon
the contractor the obligation to confirm to7
7
Appeal of contractor
May not appeal against a requisition order unless
he has refused to sign or has signed it with
reservation
Right of contractor to compensation
Normal exercise of power of control shall not give
rise to compensation
Entitled for compensation
• for damage caused by administrative authorities
• Conditions of performance have been aggravated
8
Liability of the contractor
Control shall not relieve of the contractor
of his liability
Liability shall cease where he has
completed orders with which he is bound
to comply
9
Acceptance of the works
Provisional acceptance
• Joint ascertainment of the works immediately
after completion of the works
• Acceptance of the modifications the contractor
may have made
• Mark the beginning of warranty period
10
Acceptance of the works (cont.)
Risk of loss or deterioration
• Destruction or damage by force majeure shall
be borne by the contractor before Prov.accep
• The general conditions may derogate such rule
• In such case, the amount of right to

compensation of the contractor & conditions
regarding form & time his claim shall be fixed
11
Period of warranty
Gives the possibility of controlling the
performance of the works before final acc.
Duration shall be fixed by the contract
The contractor shall maintain the works
Liable for defects and shall repair them
12
Final acceptance
Administrative authorities definitely
appropriate the works
Having ascertained that the contractor has
performed his obligations in their entirety
Shall be made jointly & record shall be
drawn up
13
Final acceptance (cont.)
Default of administrative authorities
In case of default by Authorities, the court
shall ascertain that the works are
acceptable
Final acceptance shall be deemed to have
taken place on the expiration of the period
of warranty or
Failing this period, on the day fixed by cour
14
Effect of final acceptance
Release the contractor from his obligation
to maintain the works
The contractor shall be entitled to the
payment of the balance
15
Warranty for defects of construction
10 years from the day of possession of the
works
Not applicable to defects which were
apparent at the time of final acceptance
Warranty shall apply to such defects
• Prevent the works from being used for purpose
or
• render such use more onerous or less profitable
16
Rescission of contract
Unilateral modification
• Public authorities may impose
unilaterally upon the contractor changes
• Such changes may affect only provision
which concern arrangement of the public
works
• May not affect financial conditions
17
Rescission of contract (cont.)
New works
• Contractor may be required to perform
works not mentioned in the contract
• The work should not be totally different
or have no relation to such work
• The work should not be under a
condition entirely different from that
mentioned in the contract
18
New works (cont.)
Right of contractor
• May cancel the contract if reduction or
increase is more than 1/6 of the contract
price.
• In the case of reduction, he shall be
entitled to compensation for loss
suffered and profit
• Court may limit amount of compensation
for profit
19
Unforeseen difficulties
• Contractor may require revision of
contract
• Part of the expenses to be covered by
the administrative authorities.
• In cases of unforeseen events Art.3183-
3189 shall apply
20
Unforeseen difficulties (Cont.)
• Supplementary work caused due to difficulties
needs approval of public authorities
• Absolute necessary works for the performance
of the contract can be initiated by contractor
• In such case contractor shall be entitled to
compensation
21
Non-performance of contract
When contractor fails to perform contract
the works may be declared to be under
state control
The contractor shall be temporarily
deprived of his contract
The control shall be carried out at the
expense and risk of the contractor
22
Non-performance (cont.)
Contractor my be relieved of state control
where he shows he has the necessary
resources
Where a contract has expressly foreseen
the possibility, a cancelled contract may be
re-allocated
Contractor shall bear the consequences
23
Non-performance (cont.)
Power of the court
• The court may not cancel the sanctions
applied by the administrative authorities
• It may only investigate the right of

compensation in favor of the other party
24

Cont Public Works

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Cont Public Works

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Contracts of Public Works

They shall regulate the order of sequence

• The general conditions may derogate such rule

• In such case, the amount of right to

• It may only investigate the right of

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