Direct Payment in the Subcontracting Contract: A Guarantee of the Subcontractor’s Rights and Protection from the Risks of Work Suspension
Keywords:
Direct payment; Subcontractor; Contracting authority; Subcontracting; Main contractor.Abstract
The contractual relationship is originally based on the principle of independence betweencontracts, including the subcontracting agreement between the contracting authority and themain contractor, who in turn contracts
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Article 109/3 of Presidential Decree No. 10-236 dated October 7, 2010, regulating public procurement (Official Gazette No. 58, issued on October 7, 2010) stipulates that: “When the services to be performed by the subcontractorare provided for in the contract, the latter may receive his payments directly from the contracting authority. The methods for implementing this paragraph shall be determined by an order of the Minister in charge of Finance.” 2 See Article 143 of Presidential Decree No. 15/247 dated September 16, 2015, on the regulation of publ
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