Abstract

This article looks at the reservations (provisions) in procurement contracts relating to subcontracts (in public works contracts). These contractual reservations are, on the one hand, a result of statutory provisions on mandatory contractual clauses regarding subcontracting, and on the other hand come from the principle of freedom to shape the content of the contract. With this in mind, the study also contains comments on limitations of this freedom with regard to contractual reservations aimed at influencing legal relations arising outside the public contract itself. The paper also discusses the characteristics of Article 463 of the Polish public procurement law, which constitutes a novelty and establishes a materially limited ban on worsening the situation of subcontractors in relation to the situation of the contractor of a public procurement contract.