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Contract Changes: The Dark Side of EU Procurement Law

Contract Changes: The Dark Side of EU Procurement Law

Author: Dacian Dragos; Kirsi-Maria Halonen; Steen Treumer; Bogdana Neamtu
Publisher: Edward Elgar Publishing
ISBN: 9781800375581
Published In: April 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

Details

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.

Foreword xi

Introduction: why the ‘Dark Side of procurement’? 1

Dacian C. Dragos and Bogdana Neamtu

Fundamentals of contract modifications in EU procurement law 17

Kirsi-Maria Halonen

Change of the identity of the contractual partner 35

Nicolas Gabayet

Non-compliance with government contract terms:

a comparative view on procurement regulation and

contractual remedies 48

Désirée Klingler and Pedro Telles

Unforeseen circumstances that justify changes to public contracts 68