The procedures to be observed are specified in the CCAG General Administrative Specifications for Works, the CCTG General Technical Specifications, regulations and guides, and in the administrative sections of the works contract.
The works management guide published by Sétra as reference A9922 sets out in detail with occasional reference to jurisprudence all procedures relating to specific site situations during the works phase, namely the following:
•phase 0 choice, preparation of contract
and notification ... page 13
•phase 1 site preparation ... page 25
•phase 2 tasks for execution ... page 32
•phase 2A technical problems
in relation to quality ... page 54
•phase 2B finance problems ... page 69
•phase 2C timeline problems ... page 86
•phase 2D administrative problems ... page 100
•phase 2E difficulties in relation
to the environment ... page 118
•phase 2F safety problems ... page 159
•phase 3 reception and guarantee
of full completion ... page 166
With respect to timelines, when the bidder is obliged to submit documents which require time, it must be verified that the timeline in the bid is compatible with the duration of the studies to be carried out.
Likewise, if certain work requires a certain amount of time during the site preparation phase– for instance, drawing up a geotechnical study of a sector that is initially inaccessible (due to refusal by the owner), or a study of formulation of treatment – then the timeline for the period of site preparation must be adapted.
The CCAG General Administrative Specifications for Works and the decree of 2002-232 set a certain number of timelines which are summarized in the tables below.
E.4.1.1 – Contract management - CCAG General Administrative Specifications for Works as completed by the stipulations of decree 2002-232 - Overall period for payment
Purpose Art.
CCAG
Main construction contractor or agent
Art.
address 2.22 Notifies the
”awarding authority”
(PA) and project management ≤15 days after notification of contract.
2.22 Failing this, notifications to the Town Hall.
2.22 Ditto project management.
Acceptance of subcontractors
2.41 Request for acceptance sent to PA.
2.42 Reply within 21 days following request – implicit rejection penalties after 1 month application art. 49.
2.49.2 No reply > 1 month, application of article 49, formal notice period reception of service order, in the form of
Addressed to the contractor in 2 copies, 1 of which must be returned to project management after signature with date of receipt.
Project management sends note to PA with its opinion.
49.1
50.12
In the event of a failure to observe the service orders, formal notice with execution time
≥ 15 days.
decision notified to the contractor within 2 months of receipt of note – rejection failing this.
Possible
guarantee 4.11 20 days after notification of contract or additional clause.
4.12 Absence of constitution or increase creates obstacle to issue of order.
Supply of price breakdown
10.34 Mini timeline of 20 days following service for
production request.
10.34 Production requested by service order, and timeline set at ≥ 20 days.
10.34 Absence creates obstacle to regulation.
Notification
The contractor may ask project
management to draw up a report.
15 days following date of report to issue written remarks to project notification within a period of ≤ 8 days of the date of request.
Joint report drawn up immediately by all parties concerned.
Transmission to awarding authority of the note with its opinion.
50.12 Decision notified to the contractor within 2 months of reception by project management of reserves – rejection failing this.
Contract management – CCAG General Administrative Specifications for Works
as completed by the stipulations of decree 2002-232 - Overall period for payment Purpose Art.
CCAG
Main construction contractor or agent
Art.
account project 13.11 Draws up
the account project before the end of
Accepts or rectifies the account project, notifies the
contractor by service order of the
status of the account, and forwards to awarding authority within 15 days following reception.
96 of Procurement Contract Code
Has a total of 45 days for payment from the date of dispatch of the account project to project management (*).
Suspension of period for issue of order
13.23 Suspension terminates when project management receives the letter (with recorded of the time period from the awarding authority. contractor of its motivated decision for suspension.
Awarding authority has at least 30 days to proceed with payment after the end of suspension (*).
Final account project General settlement Issue of balance
General settlement is contested
13.32
13.44
Establishes the final account project within 45 days following notification of the reception decision or 15 days if the execution period
≤ 3 months – penalties failing this (20.3).
Claim note addressed to project
management within the period of 30 days following the date of notification of general settlement if execution period accepts or rectifies the final account project and notifies the general publication of review index;
period of 45 days changed to 1 month if execution time ≤ 3 months.
Forwards the claim note to the awarding authority with its opinion.
96 of Procurement Contract Code
50.12
Has an overall period of 45 days for payment of the balance from the date of acceptance of the general settlement (*).
Proposes settlement of litigation in the 2 months following submission of the note to project management – failure to reply means rejection.
but not final notified by additional service note within 15 days of the previous.
overall prices
Contract management – CCAG General Administrative Specifications for Works
as completed by the stipulations of decree 2002-232 - Overall period for payment
Purpose Art.
CCAG
Main construction contractor or agent
Art. Increase in the
work tasks due to a change of
Notifies his refusal to execute in writing to the awarding authority with copy to project
management, within 15 days of receipt of the service order.
15.22 Notifies the order to execute the work by service order.
The sum of the contract is exceeded
15.4 Informs project management within 1 month after the sum of the contract has allegedly been exceeded.
15.4 15.5
Forwards to the awarding authority Notifies the contractor of the decision of the awarding authority 10 days prior to the estimated date on which the sum of the contract was exceeded.
Notifies the contractor of the foreseeable estimation of work tasks within 15 days of the previous service order.
15.4 The awarding authority takes or does not take the decision to continue.
Commencement
of work 46.6 If notification of commencement > 6 months after notification has a period of 15 days form the
commencement service order to request termination in writing – failing this, the right to termination is lost.
19.11 Notifies
commencement of work by service note within 6 months of the date of notification of the
contract. 49.1 If the contractor has not requested termination, formal notice by the awarding authority and possible application of 49.2.
General
implementation 27.1 Notifies the
contractor at the
of preparatory period, failing this period < 1 month after the date of notification of the contract.
Contract management – CCAG General Administrative Specifications for Works
as completed by the stipulations of decree 2002-232 - Overall period for payment
Purpose Art.
CCAG
Main construction contractor or agent
Art.
31.91 Request to project management 8 days before execution
31.91 No reply within 8 days – authorization assumed.
No usage for equipment and materials
37.2 Execution within the next 30 days following formal notice.
37.2 Draws up a service order requesting rehabilitation, with no action requested of awarding authority a formal notice.
49.1
37.2 Formal notice issued with no result > 30 awarding authority in writing of the estimated date of termination.
Remedy for
imperfections within the period set by awarding authority in its decision, by default 3 months before expiry of the guarantee period. operations within 20 days of request or envisaged termination.
Advises the awarding authority as to the date.
Draws up a report immediately.
Informs the contractor of the proposal to awarding authority within 5 days.
41.3
41.6
The decision of the awarding authority is notified within the 45 days following the date of the report on operations.
If there is no decision within this period, project management proposals are assumed to have been accepted.
If no execution within the period, may be executed at the expense and risk of the contractor.
Documents to be supplied after reception
40 At the time of the request:
Notice of functioning and maintenance 2 months after reception: DOE
E.4.1.2 – Contract management – settlement for subcontractors
The specific stipulations for subcontractors’ settlements (13.54 of CCAG General Administrative Specifications for Works), as completed by decree 2002-232 concerning the overall period for payment, are summarized below:
Subcontractor Main construction
contractor or agent Construction Manager Project Owner PRM
Forwards justificatory parts to the main construction contractor or agent.
If within 15 days of reception the contractor has not made known his opposition, the parts are considered as accepted.
If the contractor has not refused or forwarded to the construction manager, the subcontractor forwards directly to the construction manager a copy of his account project
accompanied by a copy of the recorded delivery of his dispatch to the contractor.
Accepts or refuses the justificatory parts within 15 days of their date of reception.
Accepted Forwards to the
construction manager the account project
accompanied by a certificate of acceptance, setting out the sum to be settled to the subcontractor (art 13.51).
Refused And notifies the subcontractor of his motivated refusal
Directly advises the subcontractor of the date of reception of the account project and the certificate, and the sum due in his favor, and forwards the settlement statement to the awarding authority within 15 days of reception of the project.
(3.II of decree 2002.232)
Formally notifies the contractor by letter with recorded delivery to prove he has opposed a refusal within 15 days.
Informs the subcontractor of the date of formal notice.
Requests suspension of the period for issuing the order from the awarding authority.
Has an overall payment period of 45 days from the date of submission of the account project to project management (art. 96 of the Procurement Contract Code).
Sends notice of issue of the order to the contractor and the subcontractor.
Notifies the contractor of his motivated decision for suspension.
Has an overall payment period of 45 days as above.
However, if the period remaining from the date of suspension is < 30 days, then this is changed to 30 days (arts. 2 and 4 of the decree).
The overall payment period includes:
• intervention of project management (15 days maximum, art. 3. II of the decree),
• intervention of the awarding authority,
• processing by the public accountant (15 days maximum, art. 7 of the decree),
• processing by finance bodies.