Financial performance of the contract
Works contracts - Execution of public contracts - Litigation and responsibilities
Article REF: C72 V4
Financial performance of the contract
Works contracts - Execution of public contracts - Litigation and responsibilities

Author : Bernard-Michel BLOCH

Publication date: May 10, 2022 | Lire en français

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2. Financial performance of the contract

The contractor and the concessionaire are of course entitled to remuneration for the services they provide.

The CCAG-Travaux also recognizes the contractor's right to re-establish the financial equilibrium of the agreement through no fault of the project owner, for example in the event of an unforeseeable change in the economic circumstances of the contract (unforeseeable circumstances), or the occurrence of technical difficulties (unforeseen technical difficulties).

The reasons for this solution are the same as those which underpin the prerogatives of the public authority during the administrative performance of the contract: the general interest attached to the management of the public service, just as it justifies the exorbitant rights of the contracting public authority, also requires the continuation of the performance of the contract...

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