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Certyneo
Law 75-1334 · MO authorization · direct action · eIDAS AES

Sign a construction contract online

Subcontracting contract between a main contractor and his subcontractor for construction works, signed electronically with the same legal value as a paper contract. In accordance with Law No 75-1334 of 31 December 1975 (subcontracting) approval of the contractor, direct payment action, bank guarantee or payment delegation.

Legal framework
Law 75-1334 of 31 December 1975
Signature level
AES eIDAS recommended
Legal archives
10 years included

What is a construction subcontractor?

The BTP subcontracting contract is the agreement by which a main contractor (contractor) entrusts a subcontractor with the performance of part of the work. The Act of 31 December 1975 (No. 75-1334) strictly regulates this practice to protect the subcontractor: (1) obligation for the contractor to have the subcontractor AGREED by the contractor (Article 3), (2) obligation to guarantee payment by bank guarantee OR payment delegation of the MO (Article 14), (3) direct action of the contractor not paid under the MO (Article 12), (4) prohibition of hidden subcontracting (criminal penalties for the main contractor).

Why sign electronically?

Master's permit drawn up

Article 3 of Law 75-1334 requires the main contractor to have the subcontractor approved by the master of the works. The electronic signature allows the contract to circulate quickly between the 3 parties (contractor + subcontractor + MO) with qualified time stamping of each acceptance.

Multi-party (entrepreneur + ST + MO)

The flow is managed by three signatories: the main contractor, the subcontractor and the contractor (for approval). Sequential or parallel signature. Each receives a secure link personalised by OTP SMS. Also compatible with public procurement (CCP art. L2193-3).

The amount of the guarantee shall be calculated as the sum of the amounts of the guarantee and the amounts of the guarantee.

Article 14 requires a guarantee of payment from the subcontractor: either a bank guarantee from the contractor or a direct payment delegation from the MO. Certyneo allows the delegation agreement to be signed electronically OR the bank guarantee to be attached to the contract with this common trail indisputable proof that the guarantee was in place at the time of signature.

Opposable audit trail

Each contract is supplied with a PDF of proof: identity of the 3 parties, qualified time stamping, SHA-256 hash, SMS OTP. Optional in case of direct action by the subcontractor against the MO, in case of default of the contractor, or in case of URSSAF control (hidden subcontracting = sanctions).

The four-step procedure

From prep to legal filing in less than five minutes.

  1. 1. Prepare the contract

    Download your contract or use a model complying with Law 75-1334.Mandatory information: identification of the 3 parties (entrepreneur + ST + MO), scope of the subcontracted work, price, payment conditions, guarantee of payment (bank guarantee or MO delegation), duration.

  2. Inviting the three signatories

    The main contractor + subcontractor + contractor + contractor. Each receives a secure, personalised link via email with OTP SMS on his own number. The MO signs the approval + accepts the payment delegation (if applicable).

  3. The following is a list of the most important technical specifications for the European Union:

    Advanced signature required in view of the financial issues (direct action, guarantee of payment), SMS OTP verification, single certificate per signatory, qualified time stamping.

  4. 4. Start of work

    Once the three signatures have been collected, the contractor can start work with maximum legal certainty.

Frequently Asked Questions

Can a construction contract be signed electronically?
Yes, without restriction. Law 75-1334 does not impose any particular form. Article 1366 of the Civil Code recognizes electronic writing as having the same evidentiary force as paper writing. The advanced signature Certyneo satisfies the evidentiary requirements in case of litigation.
Is the approval of the building manager really mandatory?
Yes (Article 3 of Law 75-1334) under penalty of severe penalties: the contractor cannot be paid by the MO for the work subcontracted without a licence, and risks criminal prosecution for hidden subcontracting.
What guarantee of mandatory payment ?
Article 14 imposes ONE of two guarantees: (1) a bank guarantee provided by the main contractor, (2) a payment mandate by which the MO undertakes to pay directly to the subcontractor.
Can the contractor directly act against the contractor?
Yes (Article 12 of Law 75-1334) in case of non-payment by the main contractor, the subcontractor may bring direct action against the MO for the amounts due, within the limit of what the MO itself owes to the contractor.
What's the signature level for a subcontractor contract?
The advanced signature (AES) recommended in view of the financial issues (direct action, guarantee of payment, criminal sanctions) It provides the presumption of reliability (Art. 1367 Civil Code) opposable to the MO, to the URSSAF in case of control, and to the court in case of litigation.
How long do we have to keep the contract ?
For public contracts, storage for 10 years after the final contract balance. Certyneo archives automatically.
Can we sign a subcontracting agreement in a public auction?
Yes The Public Procurement Code (Art. L2193-3) allows subcontracting in public procurement with prior notification to the contracting authority.
Is the electronically signed contract enforceable in the event of the contractor's failure?
Yes it is even critical. If the main contractor is in default (collective proceedings), the subcontractor exercises his direct action against the MO on the basis of the signed contract + approval of the MO.

See also

Securing your next subcontracting contract

Permanent free plan (5 envelopes/month), no credit card. Complies with Law 75-1334 and eIDAS. Multi-party and archiving 10 years included.

Starting for free See the prices