PRACTICE AREA 05
Legal Support in Contract Performance
Legal assessment of obligations, variations and termination during contract performance.
Frequently asked questions
- How should the file be prepared before bringing a procurement or contract case?The notice and documents, the EKAP notifications, the bids, the commission decisions, the complaint and Authority file, the contract, the records and the financial records should be placed in date order. The time limit and the relief sought should be determined from that chronology.
- What course is followed to recover a guarantee that has been wrongfully forfeited?The act underlying the forfeiture and the contract stage must first be identified. According to whether it arises from an administrative act or from the contractual relationship, an action for annulment, for the debt or for damages may arise.
- May the preservation of evidence be requested in a dispute over samples, inspection or construction?The court may be asked to preserve evidence in order to protect goods, samples, a site or a technical situation that may change later. The urgency, the technical matter to be examined and the expertise required of the expert must be clearly stated in the application.
- How is a claim or damages arising from a public procurement contract pursued?The progress payment, price adjustment, increase in work, termination or loss items must be supported by documents and the date on which the claim fell due must be determined. According to the nature of the dispute, a formal warning, mediation, enforcement and court proceedings are considered.
- Before which court is a wrongful termination of a public procurement contract heard?Disputes about performance and termination arising after the contract is signed are mostly heard before the civil courts, as the contract is one of private law. Where termination is accompanied by a separate administrative act such as debarment, the administrative courts are used for that act.
- May damages be claimed for wrongful termination?Where the termination is contrary to the law or the contract, damages may arise in respect of the contractor's accrued claims and demonstrable loss. The type and amount of the loss and the causal link with the termination may require documents and an expert examination.
Is a deadline approaching?
You can get in touch stating the tender number, the contracting authority, the subject of the application and the deadline known to you. Sending the form does not create a lawyer–client relationship and does not create an undertaking to monitor deadlines.