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S.L. 601.12 · Procurement Of Property Regulations (S.L. 601.12)

S.L. 601.12 Art. 57Termination or rescission of any contract by the Director. Cap. 16.

In KraftAmtlicher Text

(1) The Director has the right to issue a decision terminating or rescinding any contract or agreement that could have been reached or signed with an owner if it transpires that the award of that contract has been made in breach of these regulations.

(2) The decision leading to the termination or rescission of the contract in accordance with this regulation shall be made in writing and must include the findings and the reasons.

(3) A copy of the decision must be delivered to the owner, who has the right to contest it by filing a complaint before the Review Board as provided for in regulation 60.

(4) The termination or rescission of the contract will remain suspended as long as the time limit for the submission of the complaint before the Review Board or the Court of Appeal lapses and during the duration of these same proceedings.

(5) The owner shall have no right to be compensated for the actual loss or loss of profits, where the decision to terminate the contract is confirmed, with the exception that the owner shall have the right to receive compensation he deserves for the occupation of the property until the decision of termination is confirmed.

(6) Should the decision of rescission of the contract be confirmed, then the effects of rescission as provided for under the Civil Code shall apply.

Part VII

Appeals

Remedies before closing date of a call for competition