Existence of private law contracts under public control
Works contracts

Some private purchasers are subject to the CCP rules: these are mainly clients in the social housing sector and social security organizations that order work.

These include

• sociétés anonymes d'habitations à loyer modéré (SA d'HLM) [CCH, art. L. 433-1] ;

• semi-public companies for the construction and management of social housing (CCH, art. L. 481-4);

• primary health insurance funds or compulsory supplementary pension funds (C. séc. soc., art. L.124-4).

All works contracts awarded by these entities will therefore be private law contracts, but will generally refer to the CCAG-Travaux, and will also be subject – notably for their award – to the provisions of the French Public Procurement Code. The main consequence is that disputes relating to these contracts will come under the jurisdiction of the courts and not the...