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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Rules and Regulations for Building Services Contractors in France

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ISBN13: 9780860224273
ISBN: 0860224279
Published: December 1995
Publisher: BSRIA Ltd
Format: Paperback
Price: £95.00

This report deals with the legal and customary framework in which businesses in general and contractors in particular must operate in France. Requirements and traditions are somewhat different from those found in the UK but, particularly in areas such as contractual relationships and co-operative working on site, France can provide a more agreeable environment in which to work.;The report covers setting up a French operation, becoming recognized as a building services contractor providing a quality service, contractual relationships and procedures, tax/employment laws and meeting standards/codes of practice for work carried out.;A major influence on French construction practice is the system of obligatory insurance to provide guarantees to the client. The Civil Code requires three guarantees: perfect achievement (1 year); satisfactory functioning (2 years) and decennal responsibility (10 years). All parties are liable and must take out insurance cover which, in some cases, is supported by the appointment of a technical control bureau approved by the state (for example SOCOTEC, Bureau Veritas or CEP).;With or without the involvement of technical control bureaux, insurers need to be satisfied with standards or workmanship and materials used. The effect of this is that standards, approvals and codes of practice, which are in theory voluntary in the private sector, take on the status of mandatory requirements imposed by the insurers.;Significant discounts off insurance premiums are available to firms included on the voluntary Qualibat register of approved contractors. To be included on this list the company must be established in France.

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Part 1 Overview.
Part 2 Rules for establishing a business: setting up a branch; forming a partnership; forming a private limited company; chamber of commerce and other requirements; trade association.
Part 3 Qualifications of contractors and their personnel: Qualibat - processing of applications, new companies, duration of qualification, quality assurance certification.
Part 4 Taxation and social charges: taxation - corporate income tax, personal income tax, VAT, business licence tax (taxe professionelle), withholding tax, tax audits and penalties; social security contributions.
Part 5 Employment law, health and safety: working time - basic working week, overtime, rest periods, shift work, temporary work; leave; pay and expenses - mechanics of payment, minimum wage, bonuses, sick pay, travelling expenses; termination of employment - notice periods, redundancy; health and safety.
Part 6 Contracts, liability and insurance matters: methods of procurement - lots separes, contrat d'entreprise generale, groupement d'entreprises solidaires, groupement d'entreprises conjointes; standard form of contract; builders' obligations and liability; insurance; subcontractors' rights - the French law of subcontracting - payment guarantee, direct payment to a subcontractor.
Part 7 Technical requirements.
Part 8 Inspection and handover procedures inspection. Appendices: useful addresses. (Part contents)