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A team of Expert Lawyers
in Public and Private Contracts
Cabinet Palmier - Brault - Associés is a law firm specializing in public law and particularly in public contract law. His expertise in these fields of activity is recognized nationally and internationally.
The firm consists of experienced and responsive lawyers, able to handle the most complex cases in short time, providing solutions tailored to the needs of its customers.
Their particular expertise makes it possible to ensure legal security of decision-making and to provide very high quality assistance both in terms of advice and litigation.
Maître Sébastien Palmier holds the certificate of specialization in public law and is a member of the Commission of the Exercise of Law of the National Bar Council as an expert in public procurement.
The necessary vigilance of public purchasers in public procurement of legal services
Master Sébastien PALMIER participated in the drafting of the second version of the vademecum of the Exercise of Law under the auspices of the National Bar Council. Enriched with recent case law, this updated document of the latest legislative and regulatory developments applicable in this area contains a general presentation of the regulation of the exercise of the right (persons authorized to exercise legal or judicial activity - extent of legal jurisdiction appropriate - conditions of qualification or professional experience).
With a specific part dedicated to public procurement of legal services written by Master Sébastien PALMIER. This vademecum of the Exercise of Law is a useful complement to some points left unresolved by the new fact sheet of the Legal Affairs Department of Bercy relative to legal services contracts.
Cabinet Palmier - Brault - Associés is composed of experienced lawyers who have a reputable professional practice in four fields of activity. Each center of expertise is led by Me Sébastien PALMIER or by Valérie BRAULT in pairs with three senior employees for optimum customer responsiveness and support.
LAWYER PUBLIC PROCUREMENT
Under the direction of Sébastien Palmier and Valérie Brault, the firm's lawyers have developed a recognized expertise in public procurement law. The firm intervenes very regularly both in terms of advice and litigation to legally secure complex contractual arrangements and public procurement procedures but also to defend the interests of public purchasers and companies before the administrative courts either at the stage of the awarding or execution of public contracts
The lawyers of the Cabinet Palmier - Brault - Associés intervene regularly, as well in council as in litigation, on all the questions concerning the problems of public law that it is in law of urbanism, right of the public domain or right of public service. This ability to manage cross-cutting issues of public law strengthens the advice provided to public or private clients in public contracts
Me Sébastien PALMIER has developed a real expertise in pre-contractual summary which made the reputation of the firm. The firm handles an average of 20 pre-contractual summary files per year, both on request, for unsuccessful candidates and defendants, for contracting authorities and contracting entities. This nationally recognized expertise also provides pragmatic and tailored advice to legally secure contractual procedures and arrangements.
OF PUBLIC SERVICE
Under the direction of Sébastien Palmier and Valérie Brault, the firm has developed a recognized expertise in project engineering and has a perfect mastery of public concession contracts that can be concluded both for the needs of the organization. public services of local authorities for the enhancement of their public domain (concessions to operate seaports, school transport, sanitation, district heating, casinos).
The Council of State recalls that an offer that does not include all the documents or information required by the documents of the consultation is irregular and must be eliminated. The consultation rules may also be that for the rating of a criterion, an offer that does not contain certain information may be awarded a score of zero.
Teaching n ° 1: An offer that does not respect a mandatory prescription of the regulation of the consultation is irregular
The texts and the case law recall the mandatory nature of the consultation rules
The Council of State reminds that in the context of an adapted procedure, in the absence of clarification of the regulation of the consultation, the tenderers can freely propose one or several variants instead of the basic offer except if the regulation of the consultation imposes the presentation of a basic offer.
The modalities of presentation of a variant offer in adapted procedure: possible in the silence of the regulation of the consultation
In the case of public contracts awarded under an adapted procedure, candidates may propose variants in the absence of clarification of the rules of the consultation.
In that case, the Conseil d'État recalls that the fairness of the contractual relations precludes a co-contracting party from availing itself of the irregularities that it may have committed to claim the nullity of its own contract and to release itself from its contractual obligations.
Teaching n ° 1: No one can invoke his own turpitude to question his contract
In its judgment of 28 December 2009, Beziers I ", The Council of State has already had the opportunity to recall in his famous decision" Beziers I " than " the irregularities on which the parties rely are those which, having regard to the requirement of fair contractual relations, may be invoked before it (CE Ass 28 December 2009, application No. 304802)
The Council of State recalls that the grant agreement is not an administrative contract, but a unilateral administrative act, so that its award can not be the subject of a pre-contractual summary procedure, or an appeal. challenge to its validity
For the implementation of public policies on their territory, local authorities have, for a long time, found strong allies in the person of associations and societies. Working in synergy, the administrations pay, quite classically, grants to their private partners to help them accomplish their missions. By way of illustration, it is quite typical for a municipal council to pay an annual subsidy to sports clubs and cultural associations, to name a few.
Folder of the month
After more than a century, it is tempting to assert that the Martin jurisprudence (EC, 4 August 1905: Rec., EC 1905, pp. 749, J. Romieu) is dead and well buried. In the same vein, a slightly naive view of the state of the contentious administrative contracts would necessarily lead to welcoming the massive opening of legal remedies relevant to all third parties. However, five years after the highest administrative court opened the courtroom access of the judge of the validity of the administrative contract "to any third party" (EC, Ass., April 4, 2014, Department of Tarn-et-Garonne, Rec. ., EC, p.70, conclude B. Dacosta, AJDA, 2014, p.1035, A. Bretonneau and J. Lessi, BCJL 2014, p.316, note C. Fardet, CMP 2013, study 5, Ph. Rees, JCP G, 2014, Doc 732, P. Bourdon, RDP, 2014, P. 1175, note L. Janicot and J.-F. Lafaix, RFDA, 2014, P. 425, conclusion and note P. Delvolvé) it is up to us to take a critical look at the evolution of the litigation of third-party claimants. It is customary to say that "to know where we are going, we need to know where we come from", the study of third party access to the courtroom is obviously no exception.
In a litigation, our goal is not only to defend your interests in court, but above all to participate, from the first intervention, in the development of a litigation strategy that will determine the entire procedure.
One of the most important activities of the firm is the legal representation of public purchasers and economic operators in the litigation of the law of the public order whether they are emergency procedures (pre-contractual and contractual) and procedures on the merits (appeal in contestation of the validity of the contract, compensatory remedies, judicial expertise, ten-year guarantee).
Me Valérie BRAULT regularly intervenes on behalf of promoters or instructors both in consulting and litigation, in the framework of the issuance of building permits (building permit, planning permission, demolition permit, prior declaration). Similarly, Valérie BRAULT has developed a real expertise in commercial urban planning.
Need a practical training adapted to your needs?
Lawyers travel directly to your premises or organize tailor-made training tailored to your needs. Cabinet Palmier - Brault - Associés is registered as a training organization under the number 11 75 48064 75