Abstract

The main subject of the commentary is a legal analysis concerning admissibility of charging an economic operator with costs of additional works, which were not mentioned in the contract nor in the technical documentation of the public procurement. The author studied particularly the scope of the obligation to describe the contract subject-matter in a clear and comprehensive way. The commentary also includes an analysis of the economic operator’s obligation to perform due care in his activity, performed during the contract award procedure, aiming to define the actual scope of the works, included in the subject of the contract, in particular when an economic operator requests a contracting authority to explain the wording of the terms of reference. The analysis was based on the Polish Supreme Court judgment dated 4 July 2019 (IV CSK 363/18), essentially approved by the author.