His construction sites are not paid, a contractor takes Toulouse Métropole to court
An entrepreneur from Oise took legal action to have Toulouse Métropole pay for the cleaning work on the Garonne carried out by his company. The order form was validated, the work carried out, and the invoices posted on the dedicated site, only to be refused by the community.
Does Toulouse Métropole knowingly refuse to pay a public works company?
Rémi Bibaut, manager of Bibaut environnement, a company specializing in the dredging of waterways, is convinced of this.
The entrepreneur based in the Oise, a few kilometers from Compiègne, has been fighting for months to recover the money owed to him.
The company created in 1981 and the community signed a maintenance contract for the Garonne two and a half years ago. In June, the company Bibaut environnement is commissioned outside the market to free up a rowing pontoon next to the Ile du Ramier. “We intervened as quickly as possible but when we sent the invoice, we were told that we were not being paid because the order form number was that of the contract signed two years ago. We were told that the prices did not match when our quote was accepted! Very quickly, the entrepreneur contacted his lawyer. “Maître Benoît Coussy was immediately involved because our interlocutors seemed dishonest. »
“It’s total cheating! »
A few weeks later, however, the company agreed to intervene in the context of the public maintenance contract to clean the Garonne at the level of the Pont Neuf. “We weren’t worried. Concerning the non-payment of the first works, we said to ourselves that it was someone in an office who acted like this. We were a little suspicious, though, and we talked about funding for quite a while. They did not want to pay the full price that corresponded to our intervention. »
Discussions drag on and the order forms sent are not filled out correctly. So much so that once everything is in order, the company only has two weeks left to undertake major work, “before the heavy rains”.
It is chosen made last October. Only then again the payment does not come. “When we sent the invoice, we were told that we were not being paid because the equipment used did not correspond to that which had been announced. This is total cheat! We are the only ones in France to have this kind of equipment. We invented and patented it. We have a reputation for doing quality work and we stand by it. »
According to the documents that we have been able to consult, the acceptance of the works has nevertheless been validated and signed by the services of the community.
In total, Bibaut environnement was paid 71,222 euros while the contract cost 292,000 euros. All taxes included, the community owes 28,200 euros to Bibaut environnement for the spring works, and 221,268 euros for those of the autumn, i.e. nearly 250,000 euros. Two legal proceedings are underway with the administrative court of Toulouse.
Asked, Toulouse Métropole simply confirmed that the community was “in disagreement with the Bibaut company for non-compliance with purchase orders following the award of contracts”.