Practical sheet | REF: FIC0850 V1

Identifying the subcontractor's obligations

Author: Bernard-Michel BLOCH

Publication date: October 10, 2019 | Lire en français

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5. Frequently asked questions

Who must prove that the obligation to provide advice has been properly fulfilled?

It is up to the person who is bound by the duty of advice to prove that it has been fulfilled. It is therefore up to the subcontractor, in the event of a dispute, to demonstrate that he has complied with his duty to advise.

How is a breach of the duty to advise punished?

Failure to comply with the duty to advise may result in termination of the contract, and payment of damages.

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