Partner Attorney | Nantes
Joël Bernot
Partner Attorney | Nantes | Public law
Public law attorney since January 2000, Joël BERNOT works in Nantes within the Public Law Division of Avoxa, providing advisory and litigation services in the following areas:
The award and performance of public contracts
- Assistance in the drafting and awarding of public contracts, concession agreements, contracts involving the occupation of public land, partnership contracts, etc.
- Audits and needs assessments, structuring of complex projects.
- Contractual litigation: pre-contractual and contractual interim proceedings, actions challenging the validity of contracts, and compensation claims.
Development operations
- Determining the best conditions for carrying out a development operation (ZAC, subdivision, grouped permit) and its financing (development concession, PUP, etc.).
- Auditing the legality of existing agreements and assisting with renegotiations.
Urban planning
Advisory, analysis, and litigation services relating to urban planning documents (PLU, SCOT, municipal maps), land use authorisations (building and development permits), and coastal law.
Environment
Renewable energies: auditing the legal conditions for installations (photovoltaic plants, wind farms).
Litigation concerning polluted sites and soils, quarries, and classified installations.
Construction law
- Ten-year builders’ liability, performance of public works contracts.
- Contractual monitoring of major construction projects (project management support, negotiation assistance).
- Architects’ liability, determination of remuneration packages.
Civil service law
Conduct of disciplinary procedures, litigation concerning collective decisions (service restructuring, etc.) and individual decisions (dismissals, removal from duties, etc.).
Status of consular agents and special statuses (e.g. hospital practitioners).
Local government law: intercommunality and local finances
Monitoring of intermunicipal structures: creation and organisation of public services, local public institutions, and public interest groups.
Financial distribution between entities, local public funding and aid, decentralised cooperation.
Health law: healthcare and medico-social sector
Health authorisations and contractual relations between establishments (GCS, GCSMS) and supervisory authorities (ARS, county councils): implementation of CPOMs.
Challenges to overpayments reported by the Health Insurance Funds.
Tort law
Administrative, criminal, and financial liability of public authorities, elected representatives, and civil servants.
Education
- Paris Bar school DESS in national, European and international litigation (Université Paris V)
Publications
Joël BERNOT regularly publishes legal articles; here are some examples. La Gazette des Communes:
- September 2018: Les groupements de commandes [Procurement consolidation]
- May 2018 Transport: qui fait quoi? [transport: who’s in charge of what?] Les Cahiers juridiques de la gazette, 210
- September 2017: la mise en œuvre des procédures de péril [implementation of hazard procedures]
- March 2017: quelles actions en démolition après la loi Macron ? [what demolition orders will be sought in court in the wake of the Macron law?]
- 2016: marchés à prix forfaitaire, l’indemnisation des entreprises de travaux [fixed price contracts, compensation for construction companies]
- July 2015: le contrat de performance énergétique [energy performance contracts]
- July 2015: la pratique du référendum local [the practice of local referendums] He also writes a quarterly column on the application of civil service law at hospitals in the magazine SANTE RH.
Positions held and distinctions earned
- Joël BERNOT holds a specialisation in public law issued by the National Bar Council in 2012
Teaching activities
- Trainer in public law at the Ecole des Avocats du Grand Ouest (EDAGO) and member of the SMACL barristers’ network
In everyday life
- Joël spends his free time practicing outdoor sports (triathlon, cycling, trail running, hiking) and tasting good wines (as natural as possible); he has a fascination for history and for ancient stone, and is involved with various non-profit organisations.
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