B D Finch Feb 12, 2020:

@ph-b I accept that I didn't initially make the connection with a valuation certificate, which I agree is essential. On the other hand, I don't see you or anyone else mentioning the issue of a valuation certificate.

According to Larousse, "attachement" is defined as:
"Procédure permettant de constater, contradictoirement et au fur et à mesure de leur déroulement, les conditions dans lesquelles sont exécutés les travaux compris dans un marché public."

So, it is a procedure and the procedure in question is the issue of a valuation certificate, which involves a joint inspection by the Owner's project manager and the contractor's site agent and project manager. In English, we would just mention the certificate and take the joint inspection as read.

You comment "What I do know is that attachements have nothing to do with additional work, which is why I disagree with your answer." As this particular certificate justifies a payment to the contractor and imposes a contractual duty on the Owner to make that payment, it must refer to the basis of the payment authorised if it includes works not covered by the contract.

ph-b (X) Feb 12, 2020:

B D Finch Thank you. I'm not sure I said anything to the contrary and I still can't see how your post changes anything to the meaning of attachement. What I do know is that attachements have nothing to do with additional work, which is why I disagree with your answer, but everything to do with the extent to which work - additional or not - has been completed (see defs. in refs. from reliable people). Sur ce, have a good evening!

B D Finch Feb 12, 2020:

@ph-b Valuation certificates have to refer to the contract. If the project manager is issuing a valuation certificate for works ordered by a court or other authority, then that has to be specified on the certificate. Works are not recorded on a daily basis by the Owner's project manager. The daily record is made by the contractor and that is not adequate to justify payment. If works done are liable to be covered up before the Owner's project manager's next inspection, then they will either do an ad hoc inspection or agree to accept photographic evidence.

ph-b (X) Feb 12, 2020:

B D Finch, I can't see how your post changes anything to the meaning of attachement.

Any work ordered by a court will have to be listed in one of these as it is done (except, as you say, if the contractor got something wrong). Here's the text again : L'entrepreneur est tenu d'effectuer les travaux ou modifications qui lui sont ordonnés.... Ces travaux sont pris en attachement* conformément... et réglés conformément..., sauf si leur origine est imputable à une faute de l'entrepreneur.

pris en attachement* doesn't mean it's additional work that "attaches" (!) to the contract, even though it is. What it does say is that that particular work should be recorded in the same way as the rest of the work was: *prendre en attachement: c'est formaliser par écrit un état de fait, ou l'exécution de travaux...consigne[r] la nature et la quantité d'ouvrages exécutés. See ref. below.

Why the work was carried out (court decision, etc) is irrelevant as far as the meaning of attachement is concerned.

PS. I agree with you about the frequency - the work must be recorded daily (see first ref.) but the doc itself doesn't have to be issued daily.

B D Finch Feb 12, 2020:

@ph-b What you describe in your reference note are valuation certificates for works completed. The Owner's project manager issues these and, on receipt of valuation certificates, the Owner will release interim payments to the contractor. These certificates are particularly important for works that will subsequently be covered up, as described in your second reference. In the Asker's case, however, these valuation certificates are being issued to certify the value of works that are additional to the contract because they have been ordered by a court, an arbitrator or other authority.

The statement that "Ces travaux sont pris en attachement conformément au 17.4 et réglés conformément aux dispositions des articles 22 et 23, sauf si leur origine est imputable à une faute de l'entrepreneur," means that these valuation certificates are not issued if the works concerned are to remedy a fault on the part of the contractor. That's because, in that event, the Owner would not pay the contractor for those works.

Note that valuation certificates are generally issued on a monthly basis. It would be extremely expensive to issue them daily!

ph-b (X) Feb 12, 2020:

Mpoma, Would it be possible to see 17.4? Thanks!

ph-b (X) Feb 12, 2020:

B D Finch, "The Asker's context makes it clear that these works are additional to an existing contract."

What the context makes clear is that there may be additional work ordered, as described in Mpoma's text. But that's not what attachement means here. It's a daily document that states what has been done "so far" (see ref.) - be it work that was provided for in the initial contract or that was added afterwards. It doesn't change the order itself, but it describes to what extent the order has been completed on a certain date.