Provisional reception in public procurement: differences with private contracts
1. A distinct legal regime
Reception in public procurement does not fall under the Breyne Law but under the Royal Decree of 14 January 2013 establishing the general rules of execution for public procurement. The principles are similar (double reception, warranty, security deposit) but the forms differ.
The special specifications systematically specify the modalities specific to the contract concerned.
2. G1 and G2: the double formalisation
Provisional reception is recorded via the G1 certificate, signed by the public client and the contractor. Effects: release of 50% of the security deposit, start of the warranty period.
The final reception (G2) takes place one year later (sometimes longer depending on the contract), releases the balance of the security deposit and closes the contract.
3. Remedies and timeframes
Remedies in public procurement are strictly framed. Any procedural defect may be challenged before the Council of State (annulment appeal, 60-day deadline). Disputes on the merits fall under the civil court.
Our support service also intervenes in public procurement to frame reservations in compliance with the special specifications and to prepare the reception file.