Responsabilité du maître de l'ouvrage délégué

Responsibility of the delegated project owner

by gmorales on 7 June 2010 | Category: Public markets
Responsabilité du maître de l'ouvrage délégué Responsabilité du maître de l'ouvrage délégué

CE 7 June 2010, Commune of Mantes la Jolie, req.no. 313638

In this case, the State Council recalls that the delegated contracting authority must perform the diligences that his client is entitled to expect from a professional who has accepted this assignment ". Specifically, for the High Jurisdiction, when the approval and the notification of a general account enters the mission of the delegated project owner, it belongs to this one to ensure that this document is not tainted with errors or omissions that should not escape a professional ". Otherwise, he is liable in case of error in the general count. The delegated contracting authority, which is responsible for conducting legal proceedings on behalf of its principal, must also perform all due diligence in accordance with applicable legal provisions. In the case tried, the agent of the city of Mantes-la-Jolie (Yvelines, 43,300 inhabitants) had it seemed not provided, with his letter of registration of a claim of the community on the account of a company placed in receivership (holder of several lots of a works contract), the necessary details and supporting documents. CAA failed to ascertain whether the delegated contracting authority had performed its duties and thus erred in law. The Council of State has therefore annulled the judgment.

"Considering in the first place that the Administrative Court of Appeal has judged at the end of a sovereign appreciation that the mandate agreement had entrusted to the SCET a mission of approval and notification of the general account; that by excluding in principle that the delegated contracting authority can be held liable for possible errors affecting the general account, while in application of the principle mentioned above, it belongs to a delegated project owner who is entrusted a mission to approve the count, to ensure that this document is not tainted with errors or omissions that should not escape a professional, the Administrative Court of Appeal has committed an error of law"