Article 210. Amicable agreement for the works.

1. For the public works referred to in Book II, entrusted by contracting authorities or granting bodies or by concessionaires, if following the registration of reserves on the accounting documents the economic amount of the work may vary between 5 percent and 15 percent of the contractual amount, in order to reach an amicable agreement, the provisions of paragraphs 2 to 6 apply. 2. The amicable agreement procedure concerns all the reserves registered up to the moment of the start of the procedure itself and can be reiterated when the reserves registered, additional and different from those already examined, once again reach the amount referred to in paragraph 1, within an overall maximum limit of 15 percent of the contract amount. Applications asserting claims already subject to reservations are not proposed for amounts greater than those quantified in the reservations themselves. The design aspects that have been subject to verification pursuant to article 42 are not subject to reservations. Before the approval of the testing certificate or verification of conformity or the certificate of regular execution, whatever the amount of the reservations, the RUP activates the amicable agreement for the resolution of the registered reservations. 3. The director of works immediately informs the RUP of the reservations referred to in paragraph 1, transmitting its own confidential report as soon as possible. 4. The RUP evaluates the admissibility and non-manifest unfoundedness of the reservations for the purposes of effectively reaching the amount limit referred to in paragraph 1. 5. Within fifteen days from the date of communication referred to in paragraph 3, having acquired the confidential report of the director of works and, where established, of the testing body, the RUP may request the Arbitration Chamber to indicate a list of five experts with specific expertise in relation to the subject of the contract. The RUP and the person who formulated the reservations jointly choose, from the list, the expert in charge of formulating the reasoned proposal for an amicable agreement. In the event of a lack of agreement between the RUP and the person who formulated the reservations, within fifteen days of the transmission of the list the expert is appointed by the Arbitration Chamber which also sets the remuneration, taking as reference the limits established in Annex V. 1. The proposal is formulated by the expert within ninety days of appointment. If the RUP does not require the appointment of the expert, the proposal is formulated by the RUP within ninety days from the date of communication referred to in paragraph 3. 6. The expert, if appointed, or the RUP, verify the reservations in cross-examination with the person who formulated them, carry out any further hearings, investigate the matter also with the collection of data and information and with the acquisition of any other opinions, and formulate, having verified the availability of suitable economic resources, a proposal for an amicable agreement, which is sent to the competent manager of the contracting authority and to the person who formulated the reservations. If the proposal is accepted by the parties within forty-five days of its receipt, the amicable agreement is concluded and a report signed by the parties is drawn up. The agreement is of a transactional nature. Interest is due on the sum recognized in the amicable agreement at the legal rate starting from the sixtieth day following the date of acceptance of the amicable agreement by the contracting authority. In the event of rejection of the proposal by the person who made the reservations or if the deadline referred to in the second period expires uselessly, the arbitrators or ordinary judge may be referred. EFFECTIVE FROM: 1 July 2023