ADMINISTRATIVE | The accurate indication of the amount of payment as a requirement for the validity of the contract of reliance on the capabilities of third parties

On December 20, 2023, with the Decision No. 1943, the Regional Administrative Court of Veneto (“TAR Veneto”) clarified the relevance of the accurate indication of the amount of payment as an essential element of the validity of the contract undertaking to rely on the capabilities of other companies. Applying the principle already stated by the Council of State in the Decision No. 6655/2021 and by the same TAR Veneto in Decision No. 328/2023, the Court stated that this type of contract does not need, as a requirement of validity, the exact indication of the amount of payment from the genetic moment of the signing; the amount of payment can be defined subsequently by the parties, by a covenant attached to the main contract, or it can be determined by legal criteria of integration of the contractual content, established by Art. 1657 of the Civil Code with regard to the tender contract and applicable analogically also to the contract of reliance on the capabilities of third parties. However, in this specific case, the contract already provided for the fee to be paid to the auxiliary company in the amount of 1% of the amount that was granted with the reliance with regard to the works under its own control.

Newsletter n. 92 – January 2024