Public contract, Company reserves, Security deposit, Supreme Court of Cassation, First Section, Interlocutory Ordinance of 05 January 2021 no. 25

The First Civil Section of this Court declared the question of the constitutional legitimacy of art. 23, paragraph 2, of the l. reg. Puglia n. 13 of 2001 in the part in which it states that “If, following the registration of the reserves by the company in the accounting documents, the economic amount of the work varies in increase with respect to the contractual amount, the company is required to establish a cautionary deposit in favor of the administration equal to 0.5 percent of the amount of the presumed higher cost, to guarantee the higher costs for the administration for the testing of the work.

This deposit must be made in foreign currency at the body’s treasury or with an insurance or bank surety policy with the reason for it within fifteen days from the affixing of the reserves.

Once the term has elapsed without the deposit of the aforementioned sums, the company loses the right to assert, in any term and manner, the reserves recorded in the accounting documents.

The sum paid to the tester will be deducted from the deposit and the balance will be returned to the company together with the balance of the work “in relation to art. 117, paragraph 2, lett. l) of the Constitution, which establishes the exclusive jurisdiction of the State in matters of civil law.

08 January 2021

Source Supreme Court of Cassation