News and developments
Abusive clauses in IT contracts in public tenders
The law provides for a specific list of clauses that cannot be used in a public procurement contract. Due to differences between legal systems, and specific reference made to Polish law in clauses, TKP’s foreign clients often have queries about these issues.
IT contracts may not provide for the following:
Author: Marta Pasztaleniec
- liability of a contractor for delay, except when justified in the circumstances or due to the scope of the tender contract
- contractual penalties for a contractor’s conduct that has no direct or indirect connection with the subject of the contract or proper performance of the contract;
- liability of a contractor for a situation for which the contracting authority bears sole responsibility
- the option of the contracting authority limiting the scope of a tender contract while not stating the minimum value or volume of services to be provided by the parties
Author: Marta Pasztaleniec