Article 9. Principle of preservation of contractual balance.

1. If extraordinary and unforeseeable circumstances arise, extraneous to normal risk, ordinary economic fluctuation and market risk and such as to significantly alter the original balance of the contract, the disadvantaged party, who has not voluntarily assumed the relevant risk , has the right to renegotiation of the contractual conditions in good faith. The costs for the renegotiation are recognized to the executor based on the available sums indicated in the economic framework of the intervention, under the unexpected items and provisions and, if necessary, also using the auction discount economies. 2. In the context of the resources identified in paragraph 1, the renegotiation is limited to restoring the original balance of the contract subject to the award, as resulting from the notice and the award provision, without altering its economic substance. 3. If the circumstances referred to in paragraph 1 render the service, partially or temporarily, useless or unusable for one of the contractors, the latter has the right to a proportional reduction of the consideration, according to the rules of partial impossibility. 4. The contracting authorities and the granting bodies favor the inclusion of renegotiation clauses in the contract, publicizing them in the notice or in the notice calling for tenders, especially when the contract is particularly exposed due to its duration, the economic context of reference or other circumstances, to the risk of interference from contingencies . 5. In application of the principle of maintaining contractual balance, the provisions of articles 60 and 120 apply. EFFECTIVE FROM: 1 July 2023


EFFECTIVE FROM: 1 July 2023 REPORT Article 9 concerns the principle of maintaining contractual balance. Paragraph 1, first sentence, establishes the right to renegotiation in good faith of the cont...


NEW • The art. 9 establishes the right to renegotiate the contract for the party disadvantaged by the impact of "unforeseen and unforeseeable circumstances". This is in order to avoid the termination...
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