Prawo Zamówień Publicznych

no. 1/2025

Conditions Governing Subcontracting in Public Construction Contracts

DOI: 10.32027/PZP.25.1.2
Szymon Romanow
Doktor, Katedra Prawa Cywilnego UJ
Abstract

The article discusses the most significant issues related to subcontracting in public construction procurement. Subcontracting matters are analysed from both a procedural perspective - the regulations governing the procurement procedure itself - and a contractual perspective. The study includes an analysis of issues such as the possibilities and limitations of entrusting the execution of a contract to subcontractors, the mechanisms used to verify the reliability of subcontractors, the contracting authority’s ability to influence the content of subcontracting agreements, contractual penalties imposed on the contractor for breaching obligations towards subcontractors, and the obligation to make direct payments of remuneration.

Keywords
subcontractors, obligation of direct payment of remuneration, obligation of personal performance, construction works, contractual penalty