Abstract

The article addresses current issues related to awarding contracts to groups of contractors. Polish public procurement law prohibits the contracting authority from imposing the legal form of a contract between a group of contractors. However, contracting authorities can minimise the risks associated with awarding contracts to co-contractors by carefully crafting the provisions of the public procurement contract. A significant issue in public procurement is the legal classification of the contract between contractors, which relates to the principles of co-contractors pursuing claims against the contracting authority. The position presented in current court decisions, which highlights the characteristics of a consortium agreement as opposed to a civil partnership agreement, largely eliminates the significant risk for contractors participating in a group of contractors related to pursuing potential claims against the contracting authority.