As a construction lawyer in Paris, Maître Léa Scemama advises project owners, contractors and subcontractors in the negotiation, performance and litigation of their works contracts. A project depends first on the quality of the contract that frames it. Price, deadlines, retention money, subcontracting: each clause can become decisive the day the project runs into trouble.
The nature of the works contract
The works contract is a contract for services, also known as hire of work, governed by articles 1710 and 1787 and following of the Civil Code. A distinction is drawn between private contracts, often built on the AFNOR NF P03-001 standard, and public contracts, subject to their own rules. In both cases the documentary basis matters: accepted quote, contract conditions, contractual schedule. A clear contract at the outset avoids most disputes.
Price and the fate of extra works
A lump-sum contract sets a global price for a defined work; a measured contract is paid by the quantity carried out. The most explosive issue remains extra works. In a lump-sum contract concluded with plans, article 1793 of the Civil Code is very strict: unplanned works are only due if they were authorised in writing and at an agreed price. It is by far the leading source of litigation.
Retention money and acceptance
At acceptance, the project owner may withhold five per cent of the sums due, under the Act of 16 July 1971. This retention money is placed in escrow, then released at the end of the completion-guarantee period, unless reservations remain. The contractor may replace it with a bank guarantee to be paid immediately. Acceptance crystallises everyone's rights and must be carefully formalised, reservations included.
Subcontracting, a risky area
The Act of 31 December 1975 strictly governs subcontracting. The subcontractor must be accepted and its payment terms approved by the project owner. In a private contract it benefits from payment guarantees, a bond or a delegation, and a direct action against the project owner where the main contractor fails to pay. Neglecting this formalism exposes every party.
The most common disputes
Unpaid invoices, abandonment, delays and penalties, defects, termination. For unpaid invoices, the action often combines with debt recovery tools; for defects, with the construction guarantees. Preserving evidence and acting quickly make the difference.
Frequently asked questions
Must I pay for extra works I did not order?
In a lump-sum contract, extra works are only due if authorised in writing and at an agreed price. A verbal or implied order is weak.
What is retention money?
A five per cent retention, held in escrow at acceptance, to cover the making good of any defects. It is released one year later, unless reservations remain.
Can my subcontractor claim payment directly from me?
Yes, under conditions. The 1975 Act gives it a direct action against the project owner where the main contractor has not paid it.