Will - Garantias Contratuais

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Legal Basis

» Draft amended by Law 8.883/94
Art.56.To the judgement of the competent authority, in any case, and as envisaged in the convocation instrument, the furnishing of a warranty may be required in the construction works, services and purchases contracts.

§ 1º. The contracted person will be able to opt for one of the following warranty modalities:
» I. Caution in cash or titles of the public debt;
» II. Insurance Guarantee (our italics);
» III. Bank deposit.

§ 2º. The warranties this article's caput is referred to will not exceed 5 per cent of the contract value and will have their value updated under the same conditions as the former, except from that which is envisaged in § 3º of this article.

§ 3º. For works, services and bulky supplies implying a high technical complexity and considerable financial risks, proven to appear technically endorsed by the competent authority, the warranty limit envisaged in the previous § may be increased up to ten per cent of the contract value.

§ 4º. The warranty furnished by the contracted person will be exempted or returned after the contract execution and, in the case of cash, a monetary update will be applied.

§ 5º. In cases of contracts which are relevant in the delivery of goods by the Administration, of whom the contracted will remain their trustee, the value of those goods must be added to the warranty value:
» Executor's Insurance Guarantee;
» Advance Insurance Guarantee;
» Payment Withholding Insurance Guarantee.

The Execution Warranties affecting in undertakin

Will - Contractual Guarantees

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