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:
