Retention, performance bond and provisional acceptance of a works contract in Morocco

In brief

• Three financial guarantees (article 14 of the CCAG-Travaux, the general conditions of contract for works): bid bond (cautionnement provisoire), performance bond (cautionnement définitif) and retention (retenue de garantie). The special conditions (cahier des prescriptions spéciales, CPS) may set values other than those below.
• Bid bond: 2% at most of the contracting authority's estimate.
• Performance bond: 3% of the initial contract amount, within twenty days of the notification of approval.
• Retention: one tenth of each interim payment, up to 7% of the initial contract amount.
• Defects liability period (délai de garantie): twelve months after provisional acceptance. Then come final acceptance, the release of the guarantees (mainlevée) and ten-year liability.

What are the financial guarantees of a works contract in Morocco?

A public works contract carries three financial guarantees (garanties pécuniaires): the bid bond, the performance bond and retention. Article 14 of the CCAG-Travaux lists them and leaves it to the special conditions to set their size, or to exempt the contractor from them.

Two texts are read together. Decree n° 2-22-431 of 8 March 2023 on public procurement governs the award of the contract, and therefore the bid bond. The general conditions of contract for works (cahier des clauses administratives générales applicables aux marchés de travaux, CCAG-T), approved by Decree n° 2-14-394 of 13 May 2016, govern its performance. The CCAG-T still cites the 2013 decree, but article 170 of the 2023 decree keeps the earlier implementing texts in force until they are replaced, and the public procurement portal still publishes it among its reference texts (consulted on 13 November 2026). Our guide to the CCAG-Travaux presents it as a whole.

In the order in which a contract unfolds:

1. Submission of the tender: bid bond, if one is required.
2. Approval of the contract: performance bond.
3. Works: retention on each interim payment.
4. Completion: provisional acceptance, then the defects liability period.
5. End of the defects liability period: final acceptance and release of the guarantees.
6. Afterwards: ten-year liability.

How do you obtain a bid bond for a public contract?

A bid bond is requested from an approved body, that is, a body authorised by the minister responsible for finance to issue financial guarantees, and is then placed in the administrative file of the tender. Where the contracting authority requires one, its amount is expressed as a sum of money and cannot exceed 2% of the authority's estimate of the cost of the work (article 24 of Decree n° 2-22-431).

1. Note the amount set by the CPS.
2. Send your request to an approved body: guarantees are set up and returned electronically, on the public procurement portal (Order n° 1692-23 of 23 June 2023, article 15).
3. Place in the administrative file the original of the receipt, or the certificate of the joint and several guarantee (caution personnelle et solidaire) that stands in its place (article 28 of the decree).

The bid bond is forfeited to the contracting authority in the cases listed in article 24, in particular if the bidder withdraws its tender during the validity period or if the successful bidder refuses to sign the contract. Unsuccessful bidders recover their receipt within forty-eight hours of the rejection letter being sent (article 47). The contractor that holds the contract recovers its own once it has provided the performance bond. See also our guide to answering a call for tenders for works.

What is the performance bond?

The performance bond secures the contractor's contractual commitments until final acceptance of the works. Unless the CPS provides otherwise, it is set at 3% of the initial contract amount and must be provided within twenty days of the notification of approval (article 15 of the CCAG-T).

Failing that, the bid bond is forfeited to the contracting authority (article 18). Article 17 allows the bonds, like the retention, to be replaced by a joint and several guarantee chosen from among the approved institutions.

What is retention in public contracts?

Retention is a sum deducted from each interim payment made to the contractor and held until final acceptance. Article 64 of the CCAG-T sets the deduction at one tenth of each interim payment. Unless the CPS stipulates otherwise, the retention stops growing when it reaches 7% of the initial contract amount, increased where applicable by the amount of the amendments (avenants).

An example: on a contract of 10 million dirhams with no amendment, each interim payment is reduced by one tenth until the total retained reaches 700,000 dirhams. The CPS may expressly provide for interim payments without retention, and the retention may be replaced by a joint and several guarantee, provided in instalments or in full.

What is provisional acceptance, and when does it take place?

Provisional acceptance (réception provisoire) is the act by which the contracting authority records, after inspection, that the works are complete and comply with the contract. It takes place when the works are complete, on written notice from the contractor. Under article 73 of the CCAG-T, it transfers ownership and risk to the contracting authority and sets the contractual guarantee running.

1. The contractor notifies the contracting authority in writing that the works are complete.
2. The contracting authority appoints the persons responsible for the preliminary operations, which are scheduled within a maximum of ten days from receipt of the notice.
3. In the contractor's presence, they inspect the works, carry out the tests provided for, and record any imperfections and the clearing of the site.
4. A report is signed by the appointed persons and by the contractor.

Three outcomes are possible. Works in conformity: acceptance takes effect on the date of the completion notice. Imperfections or defects: the contracting authority notifies them by works order (ordre de service) and sets a time limit for remedying them, then, on a fresh notice from the contractor, has fifteen days to check that they have been remedied. Minor defects with no effect on the functioning of the works: acceptance is pronounced and the contractor has one month at most to correct them.

What does the defects liability period cover?

The defects liability period is the time between provisional acceptance and final acceptance (réception définitive). It lasts twelve months from the date of the provisional acceptance report, unless the CPS provides otherwise (article 75 of the CCAG-T). During this period, the contractor is bound by what the CCAG-T calls the obligation de parfait achèvement: to complete the works in full and make good their defects.

The contractor remedies the imperfections or defects reported by the contracting authority, at its own expense where their cause is attributable to it. Normal wear, misuse and damage caused by third parties are excluded. Defects recorded during the last month are repaired within the time limit set by works order, at the latest two months after the defects liability period expires.

Final acceptance: how do you recover the retention?

The retention is paid and the performance bond returned, or the guarantees that replace them released, following a release (mainlevée) issued by the contracting authority as soon as the final acceptance report is signed (article 19 of the CCAG-T). Final acceptance marks the end of performance of the contract (article 76). It is for the contractor to take the necessary steps.

1. Apply in writing for final acceptance, at the latest twenty days before the defects liability period expires.
2. Have repaired the imperfections reported, fulfilled its obligations to the contracting authority, and shown that it has paid any compensation due for damage caused to private property by the works.
3. Have handed over the as-built drawings of the works carried out.
4. Sign the report with the persons whom the contracting authority appoints at the latest within ten days of the expiry of the defects liability period.

Failing that, the contracting authority applies the measures of article 79. If the CPS provides for partial final acceptances, the guarantees are returned in proportion to the works accepted.

Ten-year liability in Morocco: what does article 769 provide?

Ten-year liability (responsabilité décennale) arises from article 769 of the Dahir des obligations et contrats, the Moroccan code of obligations and contracts. The architect or engineer and the contractor engaged directly by the owner answer for a structure that collapses, in whole or in part, or is in obvious danger of collapsing, through defective materials, faulty construction or a defect in the ground. The ten-year period runs from the day the works are accepted (third paragraph of the article).

The action must be brought within thirty days of the day on which the fact giving rise to the guarantee was established. In a public contract, article 78 of the CCAG-T specifies that final acceptance marks the start of this period for the contractor.

Is ten-year liability insurance compulsory?

In a contract governed by the CCAG-T, it is compulsory if the CPS so provides: article 25 then requires the contractor to produce, at the latest at final acceptance, the policy covering its ten-year liability, valid until the end of the tenth year that follows. The same article requires, before any work starts, the insurance certificates covering vehicles and plant, accidents at work and civil liability.

The Code des assurances (Insurance Code, Law n° 17-99) also imposes contractors' all-risks insurance (article 157-1) and ten-year civil liability insurance (article 157-10) on the buildings referred to in its article 157-18. These obligations came into force on 30 December 2024, according to the Autorité de contrôle des assurances et de la prévoyance sociale (the insurance and social welfare supervisory authority). Its article 157-19 sets them aside for any structure built on behalf of the State or of local authorities.

On our sites

Since 1998, we have completed more than 250 buildings across the Kingdom, for contracting authorities such as ministries, regions and national offices. On a single-package contract (lot unique), all the trades come under the responsibility of the main contractor: the contracting authority has a single point of contact. Our finishes and fit-out teams build a quality check into handover. The Cour d'appel de Guelmim (Guelmim Court of Appeal), built for the Agence Nationale des Équipements Publics (National Agency for Public Facilities), and the Hôpital de proximité Aïcha in Safi, a local hospital delivered turnkey, are among our completed projects.

This guide summarises general texts. Only the official text and the specifications of your own contract are authoritative, and the CPS of that contract may set other rates and other time limits. For a building you plan to construct, contact our teams.

Frequently asked questions

What is provisional acceptance, and when does it take place?

Provisional acceptance is the act by which the contracting authority records, after the conformity checks, that the works of a contract are complete. It follows the contractor's written notice of completion: the preliminary operations must be held within a maximum of ten days from receipt of that notice (article 73 of the CCAG-Travaux). It transfers ownership and risk to the contracting authority and sets the defects liability period running.

What is retention in public contracts?

It is a sum deducted from the interim payments made to the contractor, at the rate of one tenth of each payment. Under article 64 of the Moroccan CCAG-Travaux, it stops growing at 7% of the initial contract amount increased by the amendments, unless the special conditions (CPS) stipulate otherwise. It may be replaced by a joint and several guarantee.

How do you recover the retention?

Apply in writing for final acceptance at the latest twenty days before the end of the defects liability period, after repairing the imperfections reported and handing over the as-built drawings. As soon as the final acceptance report is signed, the contracting authority issues the release: the retention is paid and the performance bond returned (articles 19 and 76 of the CCAG-Travaux).

How do you obtain a bid bond for a public contract in Morocco?

Note the amount set by the special conditions (CPS), which cannot exceed 2% of the contracting authority's estimate (article 24 of Decree n° 2-22-431). Then request the guarantee from an approved body, electronically on the public procurement portal, and place the receipt, or the certificate of the joint and several guarantee, in your administrative file.

How long is the defects liability period of a works contract?

Twelve months from the date of the provisional acceptance report, unless the special conditions (CPS) provide otherwise (article 75 of the CCAG-Travaux). During this period, the contractor remedies the imperfections and defects reported by the contracting authority, at its own expense where they are attributable to it.

How long does ten-year liability last in Morocco?

Ten years. Under article 769 of the Dahir des obligations et contrats, the period runs from the day the works are accepted, and the action must be brought within thirty days of the day on which the fact giving rise to the guarantee was established. In a public contract, the CCAG-Travaux starts this period at final acceptance (article 78).