15/02/2019 - Rassegna Stampa

Joint liability in tender contracts – recent case law evolutions

Back to the news

Article by Massimiliano Arlati and Luca Barbieri, published on Diritto24. Read all: http://www.diritto24.ilsole24ore.com/art/dirittoAm...

“usage of tender contracts (and subcontracts) is an opportunity for the principal, essential today also from an organizational perspective…

For the economy of tender contracts, several forms of joint liability expose the principal to a treacherous and significant economic risk, that may be dominated by: i) choosing…

Recent rulings by Corte di Cassazione clarified “crucial” legal elements, sometimes unprecedented, on joint liability…

Such a peculiar (and very severe) joint liability regimen is: i) peremptory, ii) devoid of quantitative limits and iii) effective up to the second year following termination of the tender contract…”.