Calificarea contractului. Subcontractare sau prestări servicii

DREPT SOCIETAR ŞI INSOLVENŢĂ

Rezumat

In view of the subject matter of the contractual agreement, which concerns the design, execution and completion of the works known as design and execution of works for investment objective 'X', the agreement concluded by the contractor with [...] SRL falls under the subcontracting hypothesis. Since this is a subcontracting contract, according to Article 7.4 of the contract, the general contractor had to request the beneficiary's consent, indicate the part of the contract to be subcontracted, the amount subcontracted, the identity of the subcontractor, etc., obligations not fulfilled by the appellant, so that according to Article 7.7, the beneficiary may apply the penalty provided for in Article 63 of the contract.