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expert lawyers
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public and private commissions.
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expert lawyers
in public contracts
independent expert in public law and in particular in law
public and private commissions.
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expert lawyers
in public contracts
independent expert in public law and in particular in law
public and private commissions.
A Team of Expert Lawyers in Public Contracts "data-lazyload =" https://www.sebastien-palmier-avocat.com/wp-content/plugins/revslider/admin/assets/images/transparent.png "data-bgposition = "center center" data-bgfit = "cover" data-bgrepeat = "no-repeat" class = "rev-slidebg" data-no-retina>
Legal News
New Juridical Precisions on the Definition of an Irregular Offer
CE 4 October 2019, SMIDDEV, req. No. 421022
The Council of State clarifies the scope of the incomplete nature of an offer by considering that an offer of a candidate who does not include a prefectural approval necessary for the performance of the services of the market but not required by the regulation the consultation does not allow to declare the offer irregular.
Acceptance of the work entails receipt of all project management services
CE December 2, 2019, Sociétés Guervilly, Puig Pujol Archtiecture, req.n ° 423544
In this case, the Council of State recalls on the one hand that the reception puts an end to the contractual relations between the project owner and the project manager as regards the services inseparable from the realization of the work in number of which include design missions; on the other hand, that the absence of notification of the general statement allows the owner to call in guarantee the main contractor for the assumption of additional works.
The impossibility of the contracting party to request the nullity of his own contract!
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)
On the responsibility of public accountants in matters of public procurement control
CE December 6, 2019, Minister of Action and Public Accounts, req.n ° 425542
In this case, the Council of State recalls the basis of the responsibility of public accountants in matters of control of public contracts and the procedures for assessing the existence of any financial loss linked to control failures
Folder of the month
The ethical public market: the failure of socially responsible public purchasing
Combining ethics and the public market surprises as the terms are so distant. Initially, ethics and the public market represented exclusively the purchase devoid of any criminal reprehensible influence. This conception has evolved to penetrate the sphere of defining the needs of buyers. So, ethics in the public market has become the rule requiring buyers to seek the most economically advantageous offer. It is no longer enough to acquire the least, the law requires make the best choice.
