(1) Where the Administration’s contracting partner fails to comply with the
provisions of Article 180 of this code, the Project Owner may:
(a) prescribe full or partial State supervision at the expense and risk of the said
Administration’s contracting partner;
(b) or terminate the contract against and at the cost and risk of the
Administration’s contracting partner.
(2) The terms and conditions for terminating public contracts and the effects
thereof shall be laid down in the General Administrative Clauses, subject to the
provisions of Articles 185, 186 and 187 of this code.
Paragraph 2
Grounds for Termination
ARTlCLE 182: The Project Owner shall automatically terminate a contract in one of the
following cases:
(a) death of the allotee. In this case, the Project Owner may, where applicable,
authorize that the proposals made by the rightful claimants to continue service
provision be accepted;
(b) bankruptcy of the allotee. In this case, the Project Owner may, where
applicable, accept proposals that could be made by creditors to continue
service provision;
(c) judicial liquidation, if the Administration’s contracting partner is not authorized
by the court to continue operating his business;
(d) in case of sub-contracting, co-contracting or subsidiary orders, without the
prior authorization of the Project Owner or the Delegated Project Owner;
(e) default by the Administration’s contracting partner duly established and
notified by the Project Owner or the Delegated Project Owner;
(f) failure to comply with labour laws and regulations;
(g) significant price variation under the conditions laid down by the General
Administrative Clauses, due to changes in economic conditions or in the initial
quantities of the contract;
(h) duly established fraudulent and corrupt practices.
Official text
Spot-checked
In force from 20 June 2018
Source page 69