Business · French law
Unpaid subcontractor: claim against a French project owner
Informational guide. An independent qualified legal review has not been completed.
For a private project, a subcontractor may bring a direct claim against the project owner if the main contractor remains unpaid one month after a formal demand copied to that owner. Approval and payment conditions must be checked. Recovery is limited in particular by the sums the owner still owed the contractor when the copy was received.
Julie by AlphaDeep
Does an unpaid invoice alone establish a direct claim?
No. Examine acceptance, payment terms approval, demand, copy and statutory conditions. An invoice establishes only part of the file.
Read the references3 free questions at signup. Avoid names and sensitive information.
What you leave withA pack separating the contractor demand, copy to the project owner and balance needing evidence.
Start with the practical sectionWho owes what on the private project?
This route concerns private projects under the Act of 31 December 1975. The subcontractor has a claim against the main contractor; the project owner may still owe money to that contractor. Document these two relationships separately before considering a direct claim.
Subcontractor
Work performed, claim and payment terms.
Main contractor
Debtor receiving the formal demand.
Project owner
Recipient of the copy and possible holder of the relevant balance.
References : Loi 75-1334 article 12 · Loi 75-1334 article 13 · Loi 75-1334 article 3
Which conditions come before a direct claim?
Check subcontractor acceptance and approval of payment terms under Article 3. Article 12 provides direct action after non-payment for one month following the demand to the contractor; a copy goes to the project owner. A single invoice does not establish all these conditions.
References : Loi 75-1334 article 12 · Loi 75-1334 article 3
How do you organise the formal demand and its copy?
Keep the demand, delivery to the contractor, copy to the owner and receipt of that copy. Connect them to the contract and relevant work. Article 13 assesses the balance at receipt of the copy; later financial information may not answer that question.
- Contract, acceptance and payment terms approval.
- Invoice and evidence of work.
- Demand, copy and receipt records.
- Balance owed to the contractor when the owner received the copy.
References : Loi 75-1334 article 12 · Loi 75-1334 article 13 · Loi 75-1334 article 3
What does an €8,000 invoice and €5,000 balance show?
Article 13 limits the action to subcontract work benefiting the owner and amounts still owed to the contractor at the relevant time. The example assumes a documented €5,000 balance. The €8,000 invoice alone cannot remove that limit.
Fictional example: an €8, 000 claim but a documented €5, 000 balance owed to the contractor at the relevant time. The illustrated cap is €5, 000 before other conditions; no real account balance is established.
References : Loi 75-1334 article 13
How do you prepare a request with unknown facts?
The sheet retains unverified evidence as unknown. With a documented balance, it can show the arithmetic minimum of the stated claim and balance. That reference proves neither approval, admissibility nor recovery. For Julie, prepare a file connecting all three parties with these records.
References : Loi 75-1334 article 12 · Loi 75-1334 article 13 · Loi 75-1334 article 3
How does the public-contract route differ?
Direct payment on a public contract and its Chorus Pro workflow differ from this private action. Identify the project and regime first. Do not carry over this demand, period or limit to a public invoice.
| Framework | Main question | Useful guide |
|---|---|---|
| Private project | Direct claim and relevant balance | This page |
| Public contract | Direct-payment admission and workflow | Chorus Pro subcontractor invoice |
References : Loi 75-1334 article 12 · Recourir à la sous-traitance
What else should you check?
Does an unpaid invoice alone establish a direct claim?
No. Examine acceptance, payment terms approval, demand, copy and statutory conditions. An invoice establishes only part of the file.
Must the project owner pay the entire invoice?
Not automatically. Article 13 limits the action, including by money owed to the contractor when the owner receives the copy.
Why keep evidence that the copy was received?
Receipt identifies the relevant time for Article 13’s balance. Keep dated evidence rather than an assumed date.
Does contractor liquidation necessarily remove the direct claim?
Article 12 provides that direct action survives, including where the contractor enters liquidation. Other conditions and the actual file still require examination.
Does a Chorus Pro invoice follow this private procedure?
No. A public contract and direct payment use a separate framework. The Chorus Pro sheet organises actors and approvals without applying this private procedure.
Which sources support this page?
Official texts remain in French. The explanations above describe French law. A source check records a reading date; it is not qualified legal review.
- Loi 75-1334 article 12Source checked : · Version from 1994-10-01
- Loi 75-1334 article 13Source checked : · Version from 1976-01-03
- Loi 75-1334 article 3Source checked : · Version from 1976-01-03
- Recourir à la sous-traitanceSource checked :