5. The contracts contain a precise description of the service requested, the global net price or the net unit prices of the categories or items of the contract, as well as, where necessary, the term, the presumptive quantities, the methods of execution of the service and the penalties.
1. The contractor is responsible for all the costs of stamp duty and registration, of the copy of the contract and of the project documents and drawings.
2. The determination of the expenses referred to in paragraph 1 is made, based on the rates in force, by the manager of the facility where the contract was stipulated.
3. The contractor is also responsible for all stamp duties relating to the documents necessary for the management of the work, from the day of delivery to the date of issue of the test certificate.
4. The amount of interest for late payment is calculated and paid upon payment, on account and balance, immediately following the late payment.
1. The contract indicates the penalties to be applied in the event of delayed fulfillment of contractual obligations.
2. The terms of performance are established by the person in charge of the procedure in relation to the type, category, entity and complexity of the intervention, as well as its quality level.
3. The penalties to be applied for the delayed fulfillment of the obligations assumed by the contractor are established by the person in charge of the procedure when drawing up the project based on the tender on a daily basis between 0.3 per thousand and one per thousand. of the contractual net amount, and in any case not more than ten percent overall, to be determined in relation to the extent of the consequences associated with any delay.
4. The construction manager shall promptly report to the person in charge of the procedure regarding delays in the progress of the works with respect to the work program. If the delay in the fulfillment causes the maximum amount of the penalty provided for by paragraph 3 to be exceeded, the person in charge of the procedure promotes the initiation of the procedures envisaged by article 58.4 of the law.
5. If the contractual discipline provides for the execution of the service divided into several parts, the penalty is applied to the delay with respect to the terms established for each part with reference to the respective amount, according to the procedures established in the special tender specifications.
6. The penalties are applied by the person in charge of the procedure in the final account of the works for the purposes of the relative verification by the testing body, where established, on the basis of the indications provided by the construction manager.
7. Upon motivated request of the executor, the total or partial non-application of the penalties is admitted when it is recognized that the delay is not attributable to the executor or when the contracting authority recognizes that the penalties are manifestly disproportionate to its own interest. Disapplication does not entail the recognition of remuneration or compensation to the executor.
8. The contracting authority shall decide on the application for non-application of the penalties provided for in paragraph 7 on the proposal of the person in charge of the procedure, having consulted the construction manager and the inspection body where established.
9. In particular cases that make it appreciable the interest in having the work completed earlier than the contractually agreed deadline, the contract may provide that the performer will be awarded a bonus for each day in advance determined on the basis of the same criteria established in the special specifications or in the contract for the calculation of the penalty, by means of a specific item in the economic framework of the intervention, provided that the execution of the contract complies with the obligations assumed.
1. The contractor must be domiciled in the place where the works management office is located; if it does not have its own offices in that place, it elects domicile at the municipal offices, or the office of a professional, or the offices of a legally recognized company.
2. The contractor who does not carry out the work personally gives a mandate with representation to a person with the requisites of technical and moral suitability, for the exercise of the activities necessary for the execution of the work in accordance with the contract.