Business and Public Contract

CHEYSSON MARCHADIER & ASSOCIES has built experience in business and public contract by advising public and private companies, local authorities, and quasi-public entities on their activities and projects. The diversity of economic agents and public authorities involved, as well as the complexity and characteristics of examined cases give the firm a strong intervention ability, and enable it to claim a genuine proficiency in business and public contract.

Public Procurement Law (Contract Awarding)

Assistance to contracting authorities and contracting entities:

  • in determining the procedures to be implemented
  • in the implementation of contract awarding procedures (drafting of tender documents and advertising notices, scheduling of procedures, etc.)
  • during the different stages of contract awarding procedures (examination of applications and tenders, validation of decisions taken by public agents, drafting of tender analysis reports, drafting of correspondences addressed to applicants, etc.)
  • during the negotiation, discussion and contract finalisation.

Assistance to private agents:

  • in determining the contracting authority’s needs (due diligence of tender documents)
  • in preparing applications and tenders
  • in choosing the structure of a consortium and drafting the consortium agreements
  • in preparing the  sub-contracting agreements
  • during the different stages of contract awarding procedures (assistance in writing questions for contracting authorities, analysis of contract awarding procedure conformity)
  • during negotiation, discussion and contract finalisation 

Public Procurement Law (Enforcement)

  • Monitor the technical and financial implementation of agreements
  • Provide advice in the negotiation and drafting of amendments
  • Provide advice in the management of sub-contracting agreement
  • Provide advice in termination procedures (monitoring of the financial consequences of termination/litigation of termination)
  • Intervene in the event of claims (general administrative terms and conditions procedures/compensation litigation)
  • Provide assistance during the financial execution of agreements (litigation on accounts/objection on enforceable titles)
  • Provide advice during closing operations of public service delegation agreements (contract due diligence, establishing distribution of goods, transfer of personnel, closing of public service delegation accounts, etc.)

Public Service Delegations, Partnership Agreements

  • Provide advice to public and private agents in contract awarding procedures
  • Provide advice to public and private agents during negotiation and contract finalisation
  • Represent in contract awarding litigation (pre-contractual summary proceedings, contractual summary proceedings, prefectural appeal, appeal against settlement for agreement validity, appeal for unsuccessful candidate compensation)
  • Provide advice to private agents in choosing the structure of a consortium and drafting the consortium agreements
  • Provide advice to setting up project companies: choice of consortium structure, assistance in drafting project companies articles of association and shareholders’ agreements, etc.)

Public Works

  • Monitor legal, financial and technical execution of public works operations
  • Provide advice to relationship management with all parties involved (general contractor, members of work groups, subcontractors)
  • Intervene in the event of claims (general administrative terms and conditions procedures/compensation litigation)
  • Provide advice and represent during assessments (administrative summary proceedings, statement drafting, etc.)
  • Assistance and representation within the framework of public works litigation
  • Assistance and representation before advisory committees for public procurement amicable dispute resolution 

Administrative Litigation and Claims

  • Assistance and representation in contract awarding litigation (pre-contractual summary proceedings, contractual summary proceedings, prefectural appeal, appeal against settlement for agreement validity, appeal for unsuccessful candidate compensation)
  • Provide advice, assistance and representation during assessments (administrative summary proceedings, statement drafting, etc.)
  • Provide advice during negotiation and drafting of transactional protocols
  • Assistance and representation before advisory committees for public procurement amicable dispute resolution 

Public Institutions, Regies, Economic Interest Grouping, Public Interest Groups, State-Owned Companies and Mixed Investment Companies

  • Provide advice in choosing the legal type of entity in charge of general interest measures
  • Provide advice during the creation, transformation or merger of public institutions or companies (drawing of acts, scheduling of procedures, etc.)
  • Provide advice during social life of public companies and semi-public companies (status and responsibilities of elected officials, etc.)
  • Provide advice in public companies and semi-public companies contract awarding procedures
  • Provide advice during the liquidation of public companies and semi-public companies
  • Private law issues within public law bodies (accounting, term of office, civil liability, copyrights, etc.)

Urban Planning and Development

  • Urban planning documents due diligence
  • Urban planning documents litigation (French Local Urbanism Plan - PLU)
  • Urban planning authorisations litigation (land subdivision permit, demolition permit, building permit and other individual authorisations for land use)
  • Provide advice in establishing mixed housing development zones and structuring complex development projects
  • Provide advice, assistance and representation during expropriation procedures (administrative and legal stages)
  • Provide advice, assistance and representation during preemption procedures