Practical sheet | REF: FIC0851 V1

Identify the owner's obligations

Author: Bernard-Michel BLOCH

Publication date: October 10, 2019 | Lire en français

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5. Frequently asked questions

Can acceptance and approval be tacit?

  • No, in private contracts: tacit approval must result from an act by the contracting authority unequivocally expressing its willingness to accept the subcontractor and approve the latter's terms of payment.

  • Yes, in public procurement contracts: if the project owner remains silent for 21 days from the date of the declaration of subcontracting, this implies tacit acceptance of the subcontractor and approval of his terms of payment.

Does the project owner have any say over subcontracted services?

Yes, but only in public procurement ( ...

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