Zmiana wynagrodzenia ryczałtowego przy robotach dodatkowych w ramach umowy o zamówienie publiczne
Change of lump-sum remuneration in case of additional works under a public procurement contract

Summary/Abstract: The article aims to analyze the admissibility of changing the agreed lump sum remuneration in the event of additional works that the economic operator was unable to predict at the stage of pricing his offer due to errors in the specification of terms of a contract. The principle of invariability of the lump-sum method of remuneration is not absolute. Such a conclusion can be drawn based on the analysis of the views of representatives of the civil law doctrine, as well as several judgments of common courts and the National Appeal Chamber, in which the discussed issue was analyzed directly on the examples of legal relations between contracting bodies and economic operators. It seems that the key condition on which the possibility of changing the lump sum remuneration depends is whether the economic operator, at the time of estimating the scope of necessary works and their value, had reliable information regarding the subject of the contract and the size of his provision. When there was a need to perform additional work and the failure to include them in the offer cost estimate was due to errors in the description of the subject matter of a contract, it should be possible to increase the agreed lump sum remuneration and modify the contract

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