Art. 109. Withdrawal

1. Without prejudice to Article 88, paragraph 4-ter and 92, paragraph 4, of Legislative Decree No. 159 of September 6 2011, the contracting entity may withdraw from the contract at any time subject to payment of the work carried out or performance relating to services and supplies provided as well as the value of the useful materials available on-site in the case of work or in warehouse in the case of services or supplies, in addition to the tenth of the amount of works, services or supplies not carried out.

2. The tenth of the amount of works not carried out is calculated on the difference between the amount of four fifths of the price put out to tender, net of the bidding rebate and the net amount of works, services or supplies carried out.

3. Exercising the right of withdrawal is preceded by a formal notice to the contractor to be given with notice of not less than 20 days, after which the contracting entity takes delivery of the works, services or supplies and proceeds to the final acceptance and verifies the regularity of the services and supplies.

4. The materials, whose value is recognized by the contracting entity pursuant to paragraph 1, are only those already accepted by the site manager or executive director of the contract, if appointed, or by the sole project manager in his absence, prior to the notice referred to in paragraph 3.

5. The contracting entity may withhold provisional works and installations that are not totally or partially removable, if deemed still usable. In that case it pays a fee to the contractor for the value of the works and installations that have not depreciated over the course of the works performed, to be determined in the small sum between the cost of construction and the value of the works and installations at the time of the dissolution of the contract.

6. The contractor must remove from warehouses and building yards the materials not accepted by the site manager and place the warehouses and building yards at the disposal of the contracting entity within the period established; otherwise the eviction is carried out automatically and at his own expense.