REALWorld Law


Obligatory requirements

Are any terms and conditions imposed or implied by law or mandatory in contracts for the design or carrying out of building works?



In construction contracts governed by private law (ie private sector projects), the following provisions amongst others are mandatory:

  • The owner (maître d’ouvrage) must deliver to the contractor (entrepreneur) a joint bank guarantee equal to the entire price of the contract in order to secure the payment vis-à-vis the contractor.
  • The owner is entitled to retain an amount that does not exceed 5% of the entire price of the project in order to guarantee the remediation of any defects arising on the date of handover of the works or within one year from the handover.

Contracts for certain residential buildings are subject to mandatory requirements to include certain information and provisions in order to avoid the contract being deemed null and void.

It should also be noted that what is known in French law as the ‘10 year liability rule with respect to buildings’ cannot be contractually excluded by architects or contractors.