Business Contracts

In addition to the obligation to pay the price of the services or work implemented by the contractor, the project owner must “collaborate” with the contractor to ensure that the contract is properly discharged. This duty, which has its origins in case law, is based on the principle of good faith referred to in Article 1104, paragraph 1, of the Civil Code , which states that “contracts must be nego …

Duty to collaborate

In addition to the obligation to pay the price of the services or work implemented by the contractor, the project owner must “collaborate” with the contractor to ensure that the contract is properly discharged. This duty, which has its origins in case law, is based on the principle of good faith referred to in Article 1104, paragraph 1, of the Civil Code , which states that “contracts must be negotiated, formed and performed in good faith”. The Rennes Court of Appeal reiterated this principle when it stated that the general principle of loyalty governing the performance of contracts obliges the project owner to take all necessary steps to ensure that his co-contractors perform their services in good faith .

The duty to collaborate, which differs according to the type of work assigned to the contractor, presupposes that the project owner provides the contractor with accurate information before any work is carried out, so that the contractor is in a position to perform his obligations properly. According to the Court of Cassation, the project owner's contract for works and services (contrat de louage d'ouvrage) gives rise to an obligation to alert the contractor to the presence of the gas pipeline buried on the land to be built, thereby rendering him liable for failing to disclose its existence, even though he was aware of the situation and of the contractor's use of the heavy, high-powered pipeline . Similarly, where a property developer, the project owner, was aware that a previous contractor had refused to work on the site because of the risk of a cliff collapsing, but nevertheless chose the site in question for the construction of a building by an architect and a contractor, without including in his financial forecasts a preliminary study and reinforcement of the cliff, which ultimately collapsed  , he is similarly liable.

In addition to the provision of reliable information, this obligation may require genuine collaboration on the part of the project owner. For example, according to the Court of Cassation, the design or redesign of an internet site requires the active participation of the customer, who is obliged to provide the service provider with the information without which the latter cannot carry out its mission, with the result that this collaboration is necessarily part of the contractual scope . To this end, the project owner must act as a diligent, reasonable and honest person. A project owner who inconsistently decides on modifications resulting in a considerable increase in the volume of work, repeatedly causing prolonged work stoppages, and thus immobilizing the contractor's activity , fails to show the necessary prudence in keeping with the management of a prudent person ("bon père de famille"). A dry cleaner, as lessor of work within the meaning of Article 1789 of the Civil Code, cannot be held liable for the deterioration of a blouse entrusted to him for cleaning when the state of deterioration of the fabric, undetectable to the naked eye, even by a specialist, when the garment is received, is due to the negligence of the project owner who tried to clean it before bringing it to him .

CA Rennes, 7 March 2019, LawLex202200009658JBJ.

Cass. 1re civ, 17 March 1969, LawLex202200009660JBJ.

Cass. 3e civ, 19 January 1994, LawLex202200007652JBJ, finding that the project owner's attitude reflects a deliberate acceptance of risk.

Cass. com. 5 June 2019, LawLex202200003872JBJ.

Cass. 3e civ, 22 May 1968, LawLex202200009659JBJ.

Cass. com. 5 June 2019, LawLex202200003872JBJ

Business Contracts

298. Duty to collaborate

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

298. Duty to collaborate

Demandez un accès gratuit au contenu exclusif Livv – juristes d’entreprise

Les décisions de justice citées dans ce paragraphe :

Les notions juridiques connexes

Demandez un accès gratuit
au contenu exclusif Livv – juristes d’entreprise