Practical sheet | REF: FIC0846 V1

Controlling public procurement subcontracting

Author: Bernard-Michel BLOCH

Publication date: October 10, 2023 | Lire en français

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4. Mistakes to avoid

4.1 Don't forget to formalize the subcontracting request (commercial risk)

When the subcontractor has not been accepted nor the terms of payment approved by the client in accordance with the law:

  • you are liable to the subcontractor for any damage he may suffer;

  • in the event of difficulties in the performance of the subcontract, you will not be able to invoke this contract against your subcontractor (article 3 of the loi n° 75-1334 du 31 décembre 1975 modifiée law on subcontracting).

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