Practical sheet | REF: FIC0847 V1

Controlling subcontracting in private-sector markets

Author: Bernard-Michel BLOCH

Publication date: October 10, 2019 | Lire en français

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    1. Identify the precautions to be taken when subcontracting a work contract

    Contracts for work, known as "louage d'ouvrage" at Code civil , "are contracts by which one of the parties undertakes to do something for the other, in return for a price agreed between them" (article 1710 of the French Civil Code). This work for hire, which may be manual or intellectual, requires technique and skill.

    The same rules apply to subcontracting: this is the agreement by which the holder of the contract (e.g. a design office) entrusts another person (e.g. a consulting engineer) with the task of carrying out all or part of the service ordered by the end customer, on the basis of their technical skills and expertise.

    The formation of this contract requires essential diligence.

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