Article 217. Determinations.

1. When the acquisition of the opinion is not obligatory, the decisions of the technical advisory board assume the nature of a contractual award pursuant to article 808-ter of the civil procedure code if the parties, after the appointment of the President and no later than the moment of the establishment of the college, have not provided otherwise. The possibility that the ruling of the technical advisory board takes on the nature of a contractual award is excluded in cases where the opinion on the compulsory suspension and on the methods of continuation of the works is requested. The mandatory opinion may be replaced by a determination having the nature of a contractual award in the event of suspension imposed by serious technical reasons pursuant to paragraph 4 of article 216. 2. If the parties, pursuant to the provisions of paragraph 1 , exclude that the ruling can be considered a contractual award, the opinion, even if optional, still produces the effects referred to in paragraph 3 of article 215. 3. Decisions having the nature of a contractual award can be challenged in the cases and ways indicated by article 808-ter, second paragraph, of the code of civil procedure. EFFECTIVE FROM: 1 July 2023