Conclusion

Being aware of the presence of other participants is already a requirement of the Cahier des clauses administratives générales des marchés publics de travaux (CCAG-Travaux) of March 2021 (art. 3.10) and of the Afnor standard NF P 03-001 of October 2017 (art. 3 – Definitions). However, the reciprocal communication of contractual documents binding the project owner to the various participants in the construction operation is far from being a widespread practice. The holder of the works contract is often unaware of the obligations entered into by other participants who may interfere in the actual execution of the project.

Inter-company relations (subcontracting, consortia), as well as coordination and management, are largely a matter of contractual freedom, except where the law provides otherwise (prohibition of hidden subcontracting, in particular).

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