Conclusion

While private works contracts are awarded on the basis of free negotiation between the parties involved, they are governed by a legal framework covering a number of areas.

Understanding the legal environment of a private works contract requires a cross-disciplinary approach that covers the essential rules set out in various codes (Civil Code, Commercial Code, Insurance Code, Construction and Housing Code, Labor Code, Urban Planning Code), not to mention important non-codified laws (law on subcontracting, law on holdbacks).

For their part, industry players have sought to standardize the customs and practices governing the actual execution of work ordered by project owners: this is why AFNOR standards NF P 03-001 and NF P 03-002 clarify the vocabulary used and provide solutions to certain situations (e.g. management of the prorata account)...