Abstract

This article refers to the specific provision of Art. 143 of the Public Procurement Act. Under this provision, a construction works contract, regulated in Art. 647 and subsequent articles of the Civil Code, if concluded as a public contract, should include the provisions mentioned in this article. The purpose of introducing this provision is to protect the awarding entity and subcontractors. The author is critical towards narrowing down the scope of applying this provision only to construction works contracts, which excludes its application to other public works contracts. Secondly, the author points to a problem of lack of penalties for failing to introduce the provisions required by this Act in a given contract.