The COVID-19 outbreak (the
“Outbreak”) has effects on, alongside
many other legal sectors, the public procurement sector. The below
seeks to highlight the most pertinent issues of interest in that
respect to private and public parties alike.
Force majeure and public
contracts
The consequences of the Outbreak on contractual obligations
between private parties is also applicable to contracts awarded
pursuant to public procurement procedures by the public
administration. A defence that obligations will not be met due to
the Outbreak will, therefore, depend on the terms of the contract
in question and the general position under Maltese law (for more
information on this, please refer to
http://www.camilleripreziosi.com/en/news-resources/1/4612/the-impact-of-covid-19-on-commercial-contract).
