The termination of a public contract due to the breach of other essential contractual duties

Abstract

Public procurement law, aimed at satisfying the general interests, allows, inter alia, the termination of public contracts by the public administration in case of breach of essential obligations set forth in the contract. This article analyzes when this breach –coming from the public administration or the contractor– justifies the termination of the public contract. The article pays attention to the presence of the essential obligation in the documents accepted and signed, as well as to the consequences of the termination. This analysis is based on the doctrine framed by advisory bodies and courts on termination of public contracts.

Keywords:

obligations, termination, compensation, essential, public contract