Under a public works contract, company G. asked company I., acting as agent for the municipality, to pay the sums due for the performance of its contract. Receiving no reply, it applied to the interim relief judge for a provisional payment with late-payment interest. The interim relief judge granted the request, but the order was overturned on appeal. The Conseil d’État recalled that only the contracting authority, and not its agent, can be held liable for faults in the performance of contracts, unless the faults fall outside the scope of the mandate. By holding that the claim was not seriously disputable, the interim relief judge made an error of law. (CE 21 May 2024, req. no. 490688).
