4. Conclusion

The differences between public and private contracts identified in this article, and the traditional distinctions which support them, must not, however, obscure the common basis of contract law expressed by article 1104 of the Civil Code: "Contracts must be negotiated, formed and performed in good faith. – This provision is of public order".

This notion of good faith in the performance of contracts has, for the first time, been included in the 2021 CCAG-Travaux, in its article 54 – Reexamination clause, which clearly demonstrates the public authorities' desire to rebalance contractual relations in favor of the government contractor, and thereby reduce differences in approach to similar situations in public and private contracts.

See the "Norme Afnor de 2017 – CCAG-Travaux de 2021" comparative table of the main provisions concerning contract...