Subcontracting agreement
A subcontracting agreement is the arrangement by which one company, known as the main contractor, entrusts another company, the subcontractor, with performing all or part of a contract or service it has concluded with its own client. Governed by the loi du 31 décembre 1975, it protects the subcontractor, in particular regarding payment. The agreement precisely defines the scope entrusted, the price, the deadlines, each party's responsibilities and the payment guarantees. This form is in English, but the document is generated in French, ready to sign and use in France.
Note: the questionnaire is in English; the generated document is in French.
The main contractor
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Frequently asked questions
What is subcontracting within the meaning of the 1975 law?
It is the arrangement by which a contractor entrusts a subcontractor with performing all or part of a works contract concluded with a project owner. The loi du 31 décembre 1975 governs this relationship, in particular to guarantee payment of the subcontractor.
Does the subcontractor need to be approved?
In contracts (in particular public or building works), the main contractor must have each subcontractor accepted and their payment terms approved by the project owner. Failing this, the subcontractor may be denied certain rights, but the agreement between the two companies remains valid.
How is the subcontractor's payment guaranteed?
The 1975 law provides guarantees: a bank surety or a payment delegation from the project owner for private contracts, and direct payment by the project owner for public contracts. The agreement can specify the guarantee chosen.
Who is liable in the event of defective work?
The subcontractor is liable towards the main contractor for the proper performance of the part entrusted to it. The main contractor remains solely liable towards the project owner. Professional liability insurance is strongly recommended, and even mandatory for building works.
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