Article 215. Technical Advisory Board.

1. To prevent disputes or allow the rapid resolution of the same or of technical disputes of any nature that may arise in the execution of the contracts, each party may request the establishment of a technical advisory panel, formed according to the methods set out in the annex V.2. For works aimed at the realization of public works of an amount equal to or greater than the thresholds of European importance and of supplies and services of an amount equal to or greater than 1 million euros, the establishment of the panel is mandatory. Upon first application of the code, Annex V.2 is repealed from the date of entry into force of a corresponding regulation adopted pursuant to Article 17, paragraph 3, of Law no. of 23 August 1988. 400, with decree of the Minister of Infrastructure and Transport, having heard the Superior Council of Public Works, which replaces it entirely also as an annex to the code. 2. The technical consultative panel expresses opinions or, in the absence of an express contrary will , adopts decisions having the nature of a contractual award pursuant to article 808-ter of the civil procedure code. If the ruling takes on the value of a contractual award, the mediation and conciliation activity is in any case aimed at choosing the best solution for the speedy execution of the work in a workmanlike manner. 3. Failure to comply with the opinions or decisions of the board technical consultancy is assessed for the purposes of the agent's liability for damage to the treasury and constitutes, unless proven otherwise, a serious breach of contractual obligations. Compliance with the decisions of the technical advisory board causes exclusion of liability for tax damage, except in the case of malicious conduct. EFFECTIVE FROM: 1 July 2023