Art. 113-bis. Terms for issuing payment certificates relating to down payments

1. The payment certificates relating to the advance payments of the contract price shall be issued within thirty days from the adoption of each stage of progress, unless otherwise expressly agreed by the parties and provided for in the tender documentation and provided that it is not grossly unfair to the creditor. paragraph replaced by Law No. 205/2017 in force from 01-01-2018

2. Contracts shall include penalties for delays in the performance of contractual services by the contractor commensurate with the days of delay and proportional to the contract amount or contract performance. The penalties due for the delayed fulfillment are calculated daily between 0.3 per thousand and 1 per thousand of the net contractual amount to be determined in relation to the extent of the consequences related to the delay and cannot however exceed, overall , 10 per cent of said net contractual amount.

3. At the positive outcome of the test or of the conformity check, the sole responsible of the procedure issues the payment certificate for the purpose of issuing the invoice by the contractor. The payment certificate is issued in accordance with the terms of article 4, paragraphs 2, 3, 4 and 5 of Legislative Decree 9 October 2002, n. 231, and does not constitute presumption of acceptance of the work, pursuant to Article 1666, second paragraph, of the Civil Code.

article introduced by legislative decree no. 50/2017 in force from 20-5-2017