Description
Book SynopsisContract 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.
Trade Review‘The execution phase of public contracts is subject to public procurement law and principles, but it is non-transparent compared with the pre-award stages of public contracting. With its comparative study of procurement contract execution in several EU countries this book provides a highly valuable insight into this post-award area of public procurement law.’ -- Sune Troels Poulsen, Attorney at Sune Troels Poulsen Law Firm
Table of ContentsContents: 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
