Subcontracting in Architecture | What Can You Delegate Legally ?

Subcontracting in architecture is a complex subject that raises many questions in daily practice. We assist over 3,500 architecture professionals in managing their projects and regularly observe your queries about this sensitive issue. Whether you run a small agency or a large firm, understanding what you can delegate — and, importantly, what you cannot subcontract — is essential to avoid legal pitfalls and optimize project management. In this article, OOTI reviews subcontracting and its challenges.

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Subcontracting in Architecture | What the Law Says in 2024

As an architect, you must be particularly vigilant when it comes to subcontracting your tasks. The legal framework is strict, and the penalties for non-compliance can be severe. Here's what you absolutely need to know to practice in full compliance.

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The Code of Ethics | Your Safeguard

Article 37 of the architects’ code of ethics is unequivocal : you cannot "subcontract or take on subcontracting for the task defined in paragraph 2 of Article 3 of the Architecture Act of January 3, 1977." This rule is not just a recommendation; it is a legal obligation. We will explain what this mission entails in the next section.

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Risks Involved

Failure to comply with these rules can lead to :

- Disciplinary sanctions from the Order of Architects

- Non-payment for illegally subcontracted services (as confirmed by the Court of Cassation in its decision of April 27, 2017)

- Legal action in case of damage to the client (owner)

Good to know : In case of a complex project requiring specific skills, prefer co-contracting rather than subcontracting for aspects related to the architectural project.

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Architectural Subcontracting | The Practical Guide to What You Can (or Cannot) Delegate

In light of the numerous subcontracting requests, especially from abroad, how do you know what you can truly delegate ? Here’s a practical summary to help you clarify the situation.

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⛔ What You Absolutely Cannot Subcontract

The core of your profession as an architect is legally protected. The following are strictly prohibited from being subcontracted :

- Final plans and documents: all documents constituting the architectural project

- Architectural expression: the composition and organization of volumes

- Fundamental choices: site layout, materials, and colors

- Building permit applications: a central element of your mission

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✅ Tasks You Can Subcontract

Good news ! Some tasks can be entrusted to partners :

- Execution management

- Condition surveys

- Specialized technical studies

- Site supervision (under certain conditions)

Practical tip : For any subcontractable task, be sure to obtain the prior consent of the client and formalize payment terms in a contract.

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Subcontracting in Architecture | Who Is Responsible for What ?

In an architectural project involving subcontracting, each party has specific responsibilities.

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The Client (Master of Work) | A Key but Limited Role

The client plays a critical role, although their involvement is limited. Their formal approval is essential for any subcontracting contract, and they must remain vigilant to avoid undeclared work. However, they do not have direct managerial authority over the subcontractor; this responsibility lies with the main contractor.

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The Main Contractor | The Central Player

The main contractor holds a central position, assuming dual responsibility. On one hand, they are accountable to the client for all work, including that performed by subcontractors. On the other hand, they must ensure that the terms of the contract with subcontractors are respected, ensuring the overall coherence of the project.

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The Subcontractor | Specific Obligations

The subcontractor commits to clearly defined obligations. They are held to a performance guarantee toward the main contractor and assume delictual responsibility toward the client. The quality of execution and adherence to deadlines are fundamental aspects of their commitment.

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Essential Guarantees

The guarantee system is structured around three essential deadlines :

- The ten-year guarantee for major structural work

- The two-year guarantee for proper functioning

- A five-year liability period before the project’s completion

Important point : In case of disputes, the main contractor remains liable, even without personal fault.

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Keys to Successful Subcontracting in Architecture | Our Advice

Subcontracting in architecture requires particular attention. To navigate the various stages of your projects while staying within the legal framework, here are some best practices to follow :

- Always formalize the client’s agreement in writing

- Retain full control of the architectural project

- Document subcontracted tasks in detail

- Check the insurance and guarantees of your subcontractors

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Our recommendation : Use a project management software like OOTI to efficiently track your projects and subcontractor collaboration. Good organization is key to successful subcontracting.

The future of the profession lies in intelligent collaboration among all stakeholders. By adhering to these rules, you can develop your business with peace of mind while preserving the essence of your architectural profession.