SUBCONTRACTING

LA SOUS-TRAITANCE

COMPARED WITH JOINT CONTRACTING IN WHICH EACH CONTRACTOR PARTICIPATES JOINTLY (WITH OR WITHOUT JOINT RESPONSIBILITY) IN THE EXECUTION OF A CONTRACT, SUBCONTRACTING GIVES THE HOLDER OF A CONTRACT THE POSSIBILITY OF HAVING OTHER CONTRACTORS PARTICIPATE (UNDER HIS RESPONSIBILITY) IN THE EXECUTION OF HIS CONTRACT. IN TRANSPARENT SUBCONTRACTING, AS IN OPAQUE SUBCONTRACTING, THE SITUATION OF THE SUBCONTRACTOR IS QUITE DEPENDENT ON THE MAIN CONTRACTOR AND ON HIS FINANCIAL STANDING. FOR THE PROTECTION OF THE SUBCONTRACTOR, A DECREE ENACTED ON 14TH MARCH 1975 INSTITUTED, FOR PUBLIC CONTRACTS, THE SYSTEM OF ACCEPTED SUBCONTRACTING WITH DIRECT PAYMENT. THE APPLICATION OF WHICH HAS REMAINED EXCEPTIONAL. TO REINFORCE THIS ACTION, A LAW ENACTED ON 31ST DECEMBER 1975 INSTITUTED A DOUBLE SYSTEM FOR THE PROTECTION OF THE SUBCONTRACTOR: DIRECT COMPULSORY PAYMENT OF SUBCONTRACTORS BY THE CLIENT FOR CONTRACTS WITH THE STATE, LOCAL COMMUNITIES, PUBLIC ESTABLISHMENTS OR COMPANIES. DIRECT ACTION AIMED AT THE PUBLIC OR PRIVATE CLIENT FOR THE BENEFIT OF SUBCONTRACTORS, WHERE EITHER IN FACT OR BY LAW DIRECT PAYMENT IS NOT APPLICABLE.

Language

  • French

Media Info

Subject/Index Terms

Filing Info

  • Accession Number: 01297391
  • Record Type: Publication
  • Source Agency: Institut Francais des Sciences et Technologies des Transports, de l'Aménagement et des Réseaux (IFSTTAR)
  • Files: ITRD
  • Created Date: Nov 21 2010 6:20AM