4. Non-performance and termination of contract (prior to termination)

The contract is usually terminated when each party has fulfilled its obligations, i.e. the contractor has delivered the work ordered, and the client has paid the full price. Difficulties often arise during performance, resulting in premature termination of the contract.

The origin of this end is often financial; while for an individual construction contract or a VEFA (vente en l'état final d'avancement), the regulations are very well defined, for a works contract where a project owner has entrusted one or more contractors or other parties with a contract to build a structure, the regulations are poorly defined.

A great deal of freedom is left to the parties; thus, generally speaking, the rules of the Civil Code apply. Ordinance no. 2016-131 of February 10, 2016 specifies the procedures for resolving disputes arising from total or partial...