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Public / Private Contracts Law

Having acquired extensive experience in this area, the Firm advises, assists and represents both public and private players faced to competitive tendering procedures in the performance of public contracts.

Due to the current development of of contractual arrangements, the Firm advises the local authorities and their public institutions in choosing the most suited contractual arrangement based on the operational, financial and scheduling constraints of public projects.

The Guide “Décideurs – Acteurs publics et entreprises” has ranked CGCB-Alexen in Administrative Contracts & Related Litigation in the "Quality Practice" column.

The Firm is regularly called upon by private providers in charge of the management of  public utilities – water and sanitation, waste (collection, treatment, recycling), parking lots, urban heating, collective catering, etc. While the Firm’s assistance is made for the benefit of public entities as delegate authorities of public utilities, the Firm has also developed an expertise in the assistance for private providers throughout their contractual relations.

In this respect, the Firm participates at several stages with a view to assisting the private providers in their capacity as public utility managers.

THE AREAS OF EXPERTISE

  • Assistance for the private providers during competitive tendering 

​Assistance in the preparation of their applications and bids.
Identification of contractual risks and in particular the financial and patrimonial risks.
Advice in the context of the negotiation phases.

  • Assistance for private providers during the performance of “DSP” and concessions

Assistance in the context of unilateral modification of contractual clauses.
Proposition for drafting amendments.

  • Representation of private providers in litigation

Out-of-court settlements of disputes and in particular in the drafting of settlements.
Litigation for the conclusion of DSPs and concessions (pre-contractual interim order, contractual interim order, dispute remedy for the validity of the contract).
Enforcement litigation:

- Assistance during the legal expertise phases.
- Assistance concerning the penalties and sanctions taken by the public authority.
- Assistance in the context of litigation for the continuation of contractual relations.
- Compensation litigation.