Sign a construction subcontracting agreement online
Subcontracting agreement between a main contractor and its subcontractor for construction works, signed electronically with the same legal value as a paper contract. Compliant with Law No. 75-1334 of December 31, 1975 (subcontracting) — employer approval, direct action for payment, bank guarantee or payment delegation. Advanced signature recommended, multi-party (contractor + subcontractor + employer approval), 10-year archiving included.
- Legal framework
- Law 75-1334 of Dec. 31, 1975
- Signature level
- eIDAS AES recommended
- Legal archiving
- 10 years included
What is a construction subcontracting agreement?
A construction subcontracting agreement is the contract by which a main contractor (market holder) entrusts a subcontractor with the execution of part of the works. The law of December 31, 1975 (No. 75-1334) strictly regulates this practice to protect the subcontractor: (1) obligation for the contractor to have the subcontractor APPROVED by the employer (art. 3), (2) obligation to guarantee payment by bank guarantee OR payment delegation from the employer (art. 14), (3) direct action by unpaid subcontractor against the employer (art. 12), (4) prohibition of hidden subcontracting (criminal penalties for the contractor). Certyneo''s advanced signature (AES) makes it possible to precisely trace the employer''s approval and the moment when the payment guarantee is put in place — critical elements in case of dispute or failure of the main contractor.
Why sign electronically?
Employer approval traceable
Article 3 of Law 75-1334 requires the main contractor to have the subcontractor approved by the employer. Electronic signature enables rapid contract circulation between the 3 parties (contractor + subcontractor + employer) with qualified timestamping of each acceptance. No more risk of late approval or undisclosed hidden subcontracting.
Multi-party (contractor + subcontractor + employer)
The workflow manages 3 signatories: main contractor, subcontractor, and employer (for approval). Sequential or parallel signature. Each receives a secure personalized link via SMS OTP. Also compatible with public procurement (CCP art. L2193-3).
Traceable payment guarantee (guarantee / delegation)
Article 14 requires a payment guarantee to the subcontractor: either bank guarantee from the contractor, or direct payment delegation from the employer. Certyneo allows you to electronically sign the delegation agreement OR attach the bank guarantee to the contract with a common audit trail — indisputable proof that the guarantee was in place from the moment of signature.
Opposable audit trail
Each contract is delivered with a proof PDF: identity of the 3 parties, qualified timestamp, SHA-256 hash, SMS OTP. Opposable in case of direct action by the subcontractor against the employer, in case of contractor failure, or in case of social security inspection (hidden subcontracting = penalties).
Procedure in 4 steps
From preparation to legal archiving, in less than 5 minutes.
1. Prepare the contract
Upload your contract or use a template compliant with Law 75-1334. Mandatory mentions: identification of the 3 parties (contractor + subcontractor + employer), scope of subcontracted works, price, payment terms, payment guarantee (bank guarantee or employer delegation), duration.
2. Invite the 3 signatories
Main contractor + subcontractor + employer. Each receives a secure personalized link by email with SMS OTP on their own number. The employer signs the approval + accepts the payment delegation (if applicable).
3. Advanced signature (AES)
Advanced signature required given the financial stakes (direct action, payment guarantee). SMS OTP verification, unique certificate per signatory, qualified timestamp.
4. Start of works
Once the 3 signatures are collected, the subcontractor can start its works with maximum legal security. Contract + audit trail automatically archived for 10 years.
Frequently asked questions
- Can a construction subcontracting agreement be signed electronically?
- Yes, without restriction. Law 75-1334 imposes no particular form. Article 1366 of the Civil Code recognizes electronic writing with the same probative force as paper writing. Certyneo''s advanced signature satisfies probative requirements in case of dispute.
- Is employer approval really mandatory?
- Yes (art. 3 Law 75-1334) — under penalty of severe sanctions: the contractor cannot be paid by the employer for subcontracted works without approval, and risks criminal prosecution for hidden subcontracting. Certyneo allows you to have approval signed simultaneously with the subcontracting agreement, which simplifies the procedure.
- What mandatory payment guarantee?
- Article 14 requires ONE of two guarantees: (1) bank guarantee provided by the main contractor, (2) payment delegation by which the employer undertakes to pay the subcontractor directly. Without one or the other, the subcontracting agreement is NULL (consistent case law).
- Can the subcontractor take direct action against the employer?
- Yes (art. 12 Law 75-1334) — in case of non-payment by the main contractor, the subcontractor can exercise direct action against the employer for sums due, up to what the employer itself owes to the contractor. Certyneo''s audit trail proves the contract date and employer approval — basis of direct action.
- What signature level for a subcontracting agreement?
- Advanced signature (AES) recommended given the financial stakes (direct action, payment guarantee, criminal penalties). It provides the presumption of reliability (art. 1367 Civil Code) opposable to the employer, to social security in case of inspection, and to the court in case of dispute.
- How long must the contract be kept?
- 10 years minimum after final acceptance of the works, by alignment with the 10-year warranty (art. 1792 Civil Code). For public contracts, conservation 10 years after settlement of the contract. Certyneo archives automatically.
- Can a subcontracting agreement be signed in a public contract?
- Yes — the Public Procurement Code (art. L2193-3) allows subcontracting in public contracts with prior declaration to the contracting authority. Advanced electronic signature is compatible with DUME requirements and e-Public Markets (Place / Chorus Pro).
- Is the electronically signed contract opposable in case of contractor failure?
- Yes — it is even critical. If the main contractor defaults (collective proceedings), the subcontractor exercises its direct action against the employer on the basis of the signed contract + employer approval. Certyneo''s audit trail (OTP identity, qualified timestamp) is opposable to the bankruptcy trustee and the commercial court.
Also read
Secure your next subcontracting agreement
Permanent free plan (5 envelopes / month), no credit card required. Compliant with law 75-1334 and eIDAS. Multi-party and 10-year archiving included.