Abstract

The article discusses the issue of tightening the contractor’s liability for defects in the subject of public procurement, looking at the rationale behind possible changes in relation to the statutory warranty regulation. The issue in question is discussed in particular from the perspective of ensuring greater efficiency in spending public funds, in order to limit the introduction of changes that will only actually result in a higher valuation of works at the stage of submitting tenders, without providing the contracting authorities with a measurable effect. Possible changes were, where necessary, also assessed in terms of possible abuses under the provisions of the Public Procurement Law. In addition, particular attention is paid with regard to stricter liability for defects, to cases of ordering intangible goods in the form of works, including architectural designs.