If he admits a subcontractor to his site, the owner must ensure that his rights are applied, under penalty of having to compensate him.
The risk, for the owner of the site, the project manager, is to have to pay the agreed sums himself if the main contractor, who subcontracted, did not do so, explained the Court of Cassation in a judgment rendered on March 7.
She ruled in favor of an electrician who had been chosen as a subcontractor by a construction company and who, following the disappearance of this builder, had turned to the owner to be paid the agreed balance.
All the work ordered by the builder was owed by the project owner, whether he knew about it or not, she added. They become part of the site as soon as the main contractor requests them.
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To avoid having to pay, the owner, who must in principle approve the subcontractors, must check, and if necessary put the main contractor on notice to guarantee payment by a bank guarantee or by a delegation of payment, that is to say the assurance of payment by another solvent party.
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