Contract Changes comparatively analyses the contract modification regulation of 11 EU Member States, drawing on case law and common legal practice. As the first comparative study of material contract modifications, this book explores the interpretation of key concepts such as: unforeseen circumstances, non-equivocal clauses and the overall nature of the contract.
Highlighting the discord between the transparency of the award of a public contract and the transparency of its implementation, the book interprets the execution phase of procurement contracts as the dark side of public procurement. Considering unforeseen circumstances, the change of the identity of the contractor, non-compliance and remedies, this book provides a unique insight into the challenges of interpretation and application of contract modification rules. It concludes that, whilst the flexibility to make contract amendments is required in some circumstances, the grounding principles of public procurement law must be considered and applied in these instances.
This original book will be of interest to researchers who are working in public procurement, European and comparative law. It will also be valuable to lawyers, contractors and policymakers involved with public procurement contracts, contracting authorities and advising private companies.
Contents:
Foreword xi
1 Introduction: why the ‘Dark Side of procurement’? 1
Dacian C. Dragos and Bogdana Neamtu
2 Fundamentals of contract modifications in EU procurement law 17
Kirsi-Maria Halonen
3 Change of the identity of the contractual partner 35
Nicolas Gabayet
4 Non-compliance with government contract terms:
a comparative view on procurement regulation and
contractual remedies 48
Désirée Klingler and Pedro Telles
5 Unforeseen circumstances that justify changes to public contracts 68
Mari Ann Simovart
6 Modification of contracts in Denmark 96
Carina Risvig Hamer
7 Public contract modifications in England, Wales, and
Northern Ireland 109
Pedro Telles
8 Contract changes in Finland 125
Merja Kortesuo and Pilvi Takala
9 Contract changes in France 140
François Lichère and Valentin Lamy
10 Contract changes in Germany and Austria 154
Christoph Krönke and Valentina Neubauer
11 Contract changes in Italy 178
Benedetta Biancardi, Roberto Caranta and Paolo Patrito
12 Contract modifications in Poland – Much ado about nothing? 194
Piotr Bogdanowicz
13 Contract changes in the Romanian law 206
Daniela Cimpean, Dacian C. Dragos and Bogdana Neamtu
14 Contract changes in the Spanish system on public procurement 220
Patricia Valcárcel Fernández
15 Contract modifications in the Netherlands: understanding
the law, jurisprudence and practice 234
Erik Plas and Willem A. Janssen
Index 249
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