Contractor Payment Contingency on Discretionary Approval
France (FR)
Synthèse Legislator
Généré par l'IAA contractor, having agreed to perform work, sought payment under the executed contract, but the employer refused, claiming the work was defective and citing a clause in the contract that conditioned final payment upon the employer's written approval, which had not been given; the Court of Cassation quashed the lower court's decision because the obligation to pay arises from the execution of the work as agreed upon, and while the written approval clause might allow the employer to refuse payment if the work was defective, it could not justify a total refusal of payment when the work was demonstrably executed, meaning the clause could not be interpreted as making the primary obligation to pay entirely contingent upon a purely discretionary approval that rendered the contractor's performance irrelevant.
Regeste Legislator
Généré par l'IAContractor Payment Contingency on Discretionary Approval: A contractor, having agreed to perform work, sought payment under the executed contract, but the employer refused, claiming the work was defective and citing a clause in the contract that conditioned final payment upon the employer's written approval, which had not been given; the Court of Cassation quashed the lower court's decision because the obligation to pay arises from the execution of the work as agreed upon, and while the written approval clause might allow the employer to refuse payment if the work was defective, it could not justify a total refusal of payment when the work was demonstrably executed, meaning the clause could not be interpreted as making the primary obligation to pay entirely contingent upon a purely discretionary approval that rendered the contractor's performance irrelevant.