Abstract

Public contracts for construction works are usually highly complex. For this reason, it is necessary to make an appropriate verification of the capabilities and reliability of the contractor. Providing it has been specified in the documentation of the procedure, the awarding entity may exclude from the proceedings the unreliable contractor who has previously failed to perform a public contract properly, when it led to its premature termination, payment of a compensation, substitute performance or exercise of the warranty for defects. Exclusion may be justified only by gross negligence, of considerable volume or extent. The possibility of a dispute arising in connection with the performance increases the risk of abusing the right to premature termination of the contract or imposing other sanctions on the contractor without adequate legal grounds. The effectiveness of exclusion of the contractor from the proceedings because of inadequate performance of a previous contract may be decided following an in-depth investigation of the case and only when the charges of inadequate performance are indeed confirmed.