Failure of performance (Art. 44) §1 The contractor is considered to be in failure of performance under the procurement contract: 1° when the delivery is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when the delivery has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which are given in due form by the contracting authority.
Failure of performance (Art. 44) The contractor is considered to be in failure of performance under the public contract: 1° when performance is not carried out in accordance with the conditions specified in the procurement documents; 2° at any time, when performance has not progressed in such a way that it can be fully completed on the due dates; 3° when he does not observe written orders, which have been given in due form by the contracting authority. Any failure to comply with the provisions of the public contract, including the non-observance of orders of the contracting authority, is recorded in a report (‘process verbal’), a copy of which will be sent immediately to the contractor by registered mail or equivalent. The contractor must repair the defects without any delay. He may assert his right of defence by registered letter or equivalent addressed to the contracting authority within fifteen days from the date of dispatch of the report (process verbal). Silence on his part after this period shall be deemed acknowledgement of the reported facts. Any defects detected that can be attributed to the contractor render him liable to one or more of the measures provided for in Articles 45 to 49, 86 and 87.
Failure of performance (Art. 44) §1 The contractor is considered to be in failure of performance under the contract:
Failure of performance (Art. 44) The contractor is in failure of performance of the contract: • When services are not performed in accordance with the conditions defined by the contract documents; • At any time, when the performance is not conducted in such a way that it can be fully completed at the dates set; • When the contractor does not follow written orders, which are given in due form by the contracting authority. Any failure to comply with the provisions of the contract, including the non-observance of orders of the contracting authority, shall be recorded in a ‘failure report’, a copy of which shall be sent immediately to the successful tenderer by registered letter or equivalent. The contractor shall repair the deficiencies without any delay. He can assert his right of defence by registered letter addressed to the contracting authority within fifteen calendar days from the date of dispatch of the ‘failure report’. His silence is considered, after this period, as an acknowledgement of the facts recorded. Any deficiencies found on his part render the contractor liable for one or more of the measures provided for in Art. 45 to 49 and 154 and 155.
