2023-10-08 22:00:00
The principle of public contract subcontracting is that you entrust, under your responsibility, to another person called a subcontractor the execution of part of the contract – whether it is a works contract or a service contract – concluded with the project owner (articles L. 2193-2 et L. 2193-3 of Public procurement code).
Market subcontracting thus involves three actors:
the project owner, who ordered services or works; the subcontractor, who carries out services or work in your place and in your name; yourself, as the contract holder, vis-à-vis the project owner, and as the principal, vis-à-vis the subcontractor.
You are linked to these actors by two different contracts:
a contract with the project owner; a contract with the subcontractor.
The project owner therefore has no direct relationship with the subcontractor.
This means that you are solely responsible towards the project owner for the services provided or the work carried out by the subcontractor.
Request for subcontracting from the project owner
You must have the subcontractor accept, and have the conditions of his payment approved.
Concretely, these obligations must lead you to bring the following information to the attention of the project owner:
your intention to enter into a subcontracting contract; the identity of the subcontractor; the services or works covered by the subcontracting contract; the total amount owed to the subcontractor; the conditions of its payment.
These obligations are imposed at the time of conclusion, and throughout the duration of the contract which binds you with the project owner.
If the project owner asks you to do so, you must communicate to him the subcontracting contract that you have concluded.
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