The work, updated to the REGULATION OF EXECUTION AND IMPLEMENTATION OF THE CODE OF PUBLIC CONTRACTS (Presidential Decree No. 207/2010 in Official Gazette No. 288 of December 10, 2010), is intended as a working tool for the professional, technician or jurist to solve problems related to the clauses in contracts.
During the execution of public works, similarly to what occurs in private contracts, disputes may be generated BETWEEN THE CLIENT AND THE CONTRACTOR.
Litigation can arise for a wide variety of reasons and, in particular, for different interpretation of contractual prescriptions, unlawful suspension of works, new agreed prices, variants to contracted works, etc.
The content of the volume, which is the result of the operational experience of the engineer and lawyer, reconstructs not only all the basic steps but also the special aspects arising from "field work" to solve the difficulties in interpreting and applying contract clauses in the execution of public works.
From the general regulations, we move on to the special regulations of the SICILY REGION, which with amendments and additions obliges those working in the field of public works (procedure managers of the entities for which the special regulations on public works are applicable) to intervene directly in the merits of disputes.
Some REAL CASES occurring in the relations between client and contractor are reported, trying to give more space to the two causes, which systematically generate DAMAGES OF RELEVANT ENTITLEMENT: the delivery of works without having the total availability of the site areas and the illegitimate suspension of works because it is due to the drafting and/or approval and/or refinancing of a variant appraisal or the lack of any authorization or clearance or other, which prevents the regular start and a non-abnormal progress of the works.
The attached Cd-Rom contains the relevant Legislation and Case Law.
- Planning
- Preparatory steps for the awarding of works
- The body contract
- The contractor - The adjudication
- The contract
- The persons entrusted with the execution of the works
- The execution of the works
- Variants in the course of work
- The downward improvement variants
- The non-contractual works
- The modification of the plant site
- The acceptance test
- The conduct of the acceptance test
- The certificate of proper performance
- The delay in the performance of the acceptance test
- Reservations
- The entry of reservations in the accounting records. (Flow charts)
- Reservations in the record of delivery of the work
- Reservations for work performed and not accounted for
- The admissibility and forfeiture of reserves
- Contingencies and fair compensation
- The damages of force majeure
- The termination of the contract in the public contract
- Ancillary charges
- Litigation
- The amicable agreement
- The content and form of the agreement
- The inadmissibility and manifest groundlessness of reservations
- The outline of the procedure
- The out-of-court settlement of disputes - Arbitration
- Guarantees
- Delivery and acceptance of the work
- Deformities and defects
- The application of the Code in Sicily
- Author: Nunzio Santi Di Paola - Vincenzo Lombardo
- Year of publication: April 2011 (1 Edition)
- Publishing house: Maggioli Publisher
- Pages: 1051