The redetermination of prices in public works

Abstract

Redetermination of prices is an institute of the public works contract, inherent to the contract itself; and it can be differentiated from other existing institutes referred to the price, applicable to the public works contract. The purpose of this paper is to analyze this institute in the hypothesis that it has its own delimitable and conceptualizable entity, framed within the principles of Administrative Law and the relationship of the State with contractors. The characteristics of the public works contract will be analyzed, and how this characteristic gives rise to the redetermination of prices. Post­award modifications to the elements of the contract may be in violation of the principle of “correct treatment”, depending on the cir­cumstances of the case, in which price redetermination is also framed. The work was prepared based on a bibliographic review and back­ground on Public Works Law 13.064 (L.O.P.), doctrine and relevant related jurisprudence. At the same time, a review of the normative antecedents is made. We analyze the redetermination institute, its difference with other concepts associated with the payment and price of the work and the maintenance of the economic­financial equation of the contract.