Abstract

In theory, the correct performance of the subject of a public procurement contract, along with confirmation of that performance (acceptance), should not cause any problems. Article 31 of the PPL sets out that a contracting authority provides the technical specification of the performance and acceptance of construction work in the contract description, while Article 30 paragraph 8 item 2(j) allows the contracting authority to introduce the terms and conditions of testing, inspecting and accepting construction facilities in the description of the subject of the contract for construction work. However, in practice, the correct acceptance of the subject, in particular where the subject is complex, may be problematic. The mistake most often committed involves not having the proper documents confirming both partial acceptance (if provided for in the contract) and final acceptance.

The article analyses issues such as the obligation to accept the subject of a public procurement contract (including where it has defects), partial and final acceptance, methods of confirming the acceptance, and matters of criminal liability.