Abstract

The article analyses provisions concerning protection of contractors’ claims (Art. 143a–143d of the Public Procurement Act) effective as of 24.12.2013. The author outlines significant legislative defects of the regulation, and in particular: no definition of the civil-law position of the contracting entity vis-ŕ-vis subcontractors and further subcontractors, imprecise indication which subcontractors are subject to protection, no restrictions as regards admissibility of contracting entity’s interference in the contents of subcontracts, as well as the controversial determination of the scope of subcontractors’ claims to be directly satisfied by the contracting entity. Apart from that, the article presents interpretational doubts with respect to the analysed regulations concerning admissibility of depositing the object of performance with the court, application of contractual penalties and regulation of recourse claims of the contracting entity against the contractor.