Conclusion

The performance of public works contracts is now marked by a concern to rebalance contractual relations in favor of the government contractor, without calling into question the latter's prerogatives in the performance of the contract. The new CCAG-Travaux approved in 2021 illustrates this rebalancing of contractual relations between public purchasers and contract holders: service orders prescribing additional services are to be systematically valued; the capping of penalties for delay and their application with prior notice demonstrate this reinforcement of adversarial relations in contractual relations.

At the same time, the new CCAG-Travaux reminds public contracting authorities of the need to re-appropriate their prerogatives to control contract performance: together with the prime contractor, they are to receive requests, observations and documents emanating...