Abstract

The article presents the concept of subcontracting construction works under the Public Procurement Act. Attention is focused mainly on determining the scope of the analyzed term. It should be stressed that the analyzed issue is very important. On the one hand, it is important to determine the entities which will use the subcontractor status. That entity will enjoy greater legal protection under Art. 143c of the Public Procurement Act. On the other hand, in order to define the scope of this concept it is also important to indicate those contracts the conclusion of which will require the consent of the contracting authority. Although the analysis is based on the legal system for public procurement, the article also discusses subcontracts for construction works based on civil law, which the author believes are very useful for a proper understanding of the issues at hand.