This circular is intended to be good news for entrepreneurs who have benefited from unliquidated public contracts, in particular because they have not been able to present the insurance certificate relating to the risks associated with ten-year liability.
A decision likely to help improve the cash flow situation of these companies in the difficult circumstances resulting from the repercussions of the pandemic.
As part of the support to companies which have carried out projects within the framework of public contracts and completed the related work, but which have not recovered all of the due due to the failure to present the insurance certificate aforementioned, the circular calls for the liquidation of cases.
And this in the event that the tenders concerned are excluded, due to the nature of the work performed, from the scope of ten-year liability, or if the failure to authorize the final acceptance of the work is due, exclusively, to the inability of the entrepreneur to present this insurance certificate, after having verified that the ten-year period provided for by article 769 of the dahir forming the code of obligations and contracts has elapsed.
In response to complaints received by the National Commission for Public Procurement and to overcome the constraints faced by several companies, the circular invites ministers, deputy ministers, senior delegates and the general delegate to invite their administrative services and public establishments subject to it. to their supervision in the liquidation of cases according to specific conditions.
As the circular specifies that henceforth the need to request the insurance certificate for the risks related to the ten-year liability for the work which, for any reason whatsoever, may cause the collapse of the building, in all or in part, or in the presence of danger.
The details ⇓
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