Hardback
Contract Changes
The Dark Side of EU Procurement Law
9781800375581 Edward Elgar Publishing
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.
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Critical Acclaim
Contributors
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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.
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.
Critical Acclaim
‘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
– Sune Troels Poulsen, Attorney at Sune Troels Poulsen Law Firm
Contributors
Contributors include: Benedetta Biancardi, Piotr Bogdanowicz, Roberto Caranta, Daniela Cimpean, Dacian C. Dragos, Nicolas Gabayet, Kirsi-Maria Halonen, Willem A. Janssen, Désirée Klingler, Merja Kortesuo, Christoph Krönke, Valentin Lamy, Francois Lichere, Bogdana Neamtu, Valentina Neubauer, Paolo Patrito, Erik Plas, Carina Risvig Hamer, Mari Ann Simovart, Pilvi Takala, Pedro Telles, Steen Treumer, Patricia Valcárcel Fernández
