Equipe Julie de Bréon Rémi Ducloyer
Team Julie de Bréon Rémi Ducloyer
Expertises Contrats publics Droit de la régulation Urbanisme et propriété publique Collectivités locales et services publics
Expertise Public contracts Regulatory law Town planning & public property Local authorities and public services

Public contracts

Bréon Ducloyer Avocats advises clients on issues raised by contracts entered into by public purchasers (central and sub-central government administrations, local authorities, public establishments, public companies, semi-public companies, etc). 

Tender

  • Advising purchasers in the choice of optimal legal and contractual framework: public contract, global contract, concession contract, public domain occupation agreement and partnership contract.

  • Assistance to buyers in the preparation, organization and follow-up of the tender procedure.

  • Advising candidates in the preparation of their bids and their participation in the procurement process (drafting and review of legal documents: main contract, sub-contracts, legal memoranda).

  • Assisting purchasers or candidates in the negotiation of public procurement contracts (with each other and with lenders).

  • Advising purchasers in the analysis of candidates’ offers.

  • Representation of purchasers and candidates (successful or not) before the administrative and civil courts in pre-contractual and contractual reviews and appeals challenging the validity of administrative contracts.

Performance

  • Assistance in monitoring the performance of the contract (special circumstances, operations impacting the situation of the purchaser or the holder).

  • Advice in case of modification of the contractual framework (amendments, unilateral modifications).

  • Assistance and representation of the parties to the public contract (purchasers or holders) in pre-litigation situations (claims, letters, penalties).

  • Representation of parties in the context of amicable or judicial expertise, in summary proceedings or on the merits.

  • Representation of the parties before non-jurisdictional dispute resolution bodies (judicial mediator, company mediator, advisory committees for the amicable settlement of disputes) and before the administrative and judicial courts in the event of a dispute relating to the performance of the contract.

  • Assistance to the parties on issues related to the normal or early termination of the contract (status of the assets, transfer of rights and obligations, preparation of the new tender).

  • Negotiation of settlement agreements, homologation before the competent jurisdictions if necessary.