Subject and Keywords:
contracting authority ; public entity ; concession for construction work ; contract for construction work ; concessionaire ; concession ; risk ; public-private partnership ; private partner ; contractor ; contract
The recently adopted law on the concession for construction work contract of October 2016 implements the so-called concession directive to the Polish legal order. The article presents new legal solutions related to the implementation of the European Union law, including the problem of risk connected with the remuneration of the concessionaire under the concession contract for construction work. The contract for the concession for construction work contains a public entity with the contractor who submitted the best bid as a result of the procedure specified in the Act. The contract during its implementation in the cases specified in the Act may be amended, terminated or revoked. The article provides a comparative analysis of remuneration of the contractor and risk issues of the purchaser for construction contracts concluded under concession, public procurement law, or public-private partnership. The concession contract, as compared to contracts concluded under public-private partnerships or contracts concluded in connection with public procurement, has the greatest impact on the protection of public finances and reduces the risk of disposing of them.