08.04.2025

Yolanda Beșleagă - article on the inconsistencies in the document of ascertainment at the finalization of a public procurement contract

In a recently published volume, which gathers the proceedings of the National Conference of PhD students in Law, organized by the Faculty of Law of the University of Craiova, our colleague, Yolanda Beșleagă – Senior Associate -, published the article "Incongruence between the mentions of the negative document of findings and the mentions of the acceptance report at the end of the works. Infringement of Article 21 of the Regulation on the acceptance of construction works and related installations, as grounds for the unlawfulness of the document of acceptance".

The article examines a less well explored ground of illegality of the acceptance report, namely the lack of correspondence between (i) the statements in the negative acceptance report issued at the end of a public procurement contract for construction works (a report in which the contracting authority has recorded a failure to perform the construction works contract properly and/or damage caused to the authority) and (ii) the statements in the acceptance report at the end of the works (a report in which, by hypothesis, it has been established that the public procurement contract was properly performed). Such a mismatch may result in a breach of Art. 21 of the Regulation on the acceptance of construction works and related installations (integral part of H.G. no. 343/2017), with the consequence that the court may annul the document of acknowledgment.