Project Management Assistance

The Client or Project Owner has wished to have the assistance to the project owner, hereafter called "PMA" strictly limited to the missions described below:

• Assistance in the follow-up of the building site: the PMA writes the reports of the building site and transmits them to the Owner, assistance in the payment of the companies, assistance in the transmission to the intervening companies of the qualitative and cleanliness objectives determined by the Owner, advice for the optimization of the execution deadlines of the works, assistance in the drafting of the report of reception of the works.
• Assistance in the recovery or delivery of administrative, commercial and documentary documents to local authorities or suppliers on behalf of the project owner;
• Assistance in finding grants or funding;
• Assistance in relations with companies (recovery of keys, access to the site ...);
• Assistance in the event of an emerging difficulty with an intervening company;

Exclusions, PMA :

• Does not verify the respect and the application of the various regulations (DTU, specific regulations, health and safety standards, building permit application, etc.) which are the responsibility of the intervening companies;
• Does not carry out any design work and as such does not carry out the plans, sections or dimensions of the work;
• Does not perform pre-project or feasibility studies;
• Does not define the respective materials to be used;
• Does not validate the technical solutions chosen;
• Does not make any amendments to the specifications accepted by the project owner.

The missions mentioned above are the responsibility of the intervening companies or possibly of a third party project manager to whom the project owner will have previously entrusted one or more of the missions mentioned above.

The fees for the PMA are set out in the Special Conditions.

In case of renunciation of the PMA service beyond the withdrawal period or abandonment of the project in general by the Client, whatever the reason, the PMA will keep the deposit paid. Invoices for fees must be paid by the project owner within 10 days of their receipt, after which time late payment interest is due and automatically applicable. The late payment interest rate corresponds to the legal interest rate in force on the date of invoicing plus 7 points, and will be applicable to the amount of the invoice including VAT without prior notice from the project owner. The down payment invoice is subject to the same payment conditions.

The Employer is informed that after studying its project as soon as possible, the contractor reserves the discretionary possibility of refusing to carry out the PMA service. In this case, the deposit check that may have been given for this purpose will be immediately returned to the Client. Once the project has been definitively validated by the PMA, the receipt of the deposit constitutes firm and final acceptance by the service provider of this PMA option. Any modification of the project at the initiative of the project owner or the regulations leading to a modification of the PMA mission in whole or in part, will give rise to additional remuneration established and accepted beforehand by the parties. In the event of disagreement, the PMA will only be required to carry out the service initially agreed and under the initial financial conditions.

The project owner undertakes to define and communicate to the PMA :

• Desired turnaround times;
• The legal data in its possession (in particular, title deeds, possible easements, town planning certificate, co-ownership regulations, dividing lines, authorizations prior to the execution of all or part of the work);
• The technical data in its possession (surveyor's statements, statements of the buildings, results and analyses of sounding campaigns, preliminary studies or preliminary projects previously carried out).

Project Owner:

• is forbidden to directly give technical instructions to the companies, otherwise, he will be solely responsible for the consequences of his interference;
• is obliged to pay the companies according to the agreed terms;
• undertakes to comment within a week on the reports sent to it by the PMA.

Insurance

The Assistant to the Contracting Authority is insured against the pecuniary consequences of his professional civil liability. This contract complies with the insurance obligations in the construction field. On simple request, the PMA is obliged to present his insurance certificate covering his professional civil liability, valid on the date of the commitment of the present contract.

Responsibilities

The PMA shall not be held jointly or severally liable for any fault committed by a contractor that is the subject of this PMA service. The PMA shall not be held responsible for any failure or defects caused by an intervening company.

Cancellation

The present PMA service may be terminated by operation of law in all cases of non-performance or breach of its provisions, at the convenience of the party, one month after formal notice has remained without effect, notified by registered letter with acknowledgement of receipt.

In the event of termination at the initiative of the project owner which is not justified by the misconduct of the PMA, the latter will be entitled to payment of the totality of its fees.