Addenda items and acts as the regulatory framework in the contracting of public works
Posted by Manuel Casal | Section Juris. Administrative , Decisions
"One of the main arguments of the appeal of appeal is that these addenda were not signed by representatives of the joint venture and therefore were never accepted and therefore not taken into account its content, as has judgment with regard to risk taking and for the temporary coverage of the concepts and quantities that claim. Regardless of who is not a new argument in fact earned the first instance, the analysis of the addenda and the minutes reflect that the monitoring of the effects of the work can not receive the statement of the appeal setting, therefore, the addenda and therefore constitutes the contractual documentation, is to have rules governing the rights and obligations of the parties and must take into account, as has the judgment, when evaluating the respective positions of the litigants.
The regulatory framework that must be analyzed, so the questions is the different clauses of the administrative and technical requirements of the particular contract and addenda, in light of the provisions of the Act Procurement of 9 November 2000. "
Judgment of the Superior Court room administrative dated 26/1/10, west L. Saura, number 06-2010.
One of the main arguments of the appeal of appeal is that these addenda were not signed by representatives of the joint venture and therefore were never accepted and therefore not taken into account its content, as did the judgment regarding risk-taking and for the temporary coverage of the concepts and quantities that claim. Regardless of who is not a new argument in fact earned the first instance, the analysis of the addenda and the minutes reflect that the monitoring of the effects of the work can not receive the statement of the appeal setting, therefore, the addenda and therefore constitutes the contractual documentation, is to have rules governing the rights and obligations of the parties and must take into account, as has the judgment, when evaluating the respective positions of the litigants.
The regulatory framework that must be analyzed, so the questions is the different clauses of the administrative and technical requirements of the particular contract and addenda, in light of the provisions of the Act Procurement of 9 November 2000.
Tags: procurement
