Delegated contracting authority: compensation for additional works

In the construction of an emergency services centre, company B., awarded two lots, received the final statements of account notified on 2 April 2013 after acceptance with reservations. The company asked the administrative court for compensation for additional works. The Nancy Administrative Court of Appeal recalls that, even where conditions are irregular, the holder of a lump-sum contract is entitled to compensation for additional works if they were useful to the contracting authority or indispensable to proper performance. Company B. disputed the allocation of the detailed design studies, but the court confirmed that this allocation complied with the legal provisions. B. did not prove that its studies were indispensable or outside its contractual obligations. (CAA Nancy, 14 May 2024, req. no. 20NC00519).

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