Open Daily: 10am - 10pm | Alley door pickup 10am - 7pm 3038 Hennepin Ave Minneapolis, MN
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  • Open Daily: 10am - 10pm
    Alley-side Pickup: 10am - 7pm

    3038 Hennepin Ave Minneapolis, MN
    612-822-4611

Open Daily: 10am - 10pm | Alley-side Pickup: 10am - 7pm
3038 Hennepin Ave Minneapolis, MN
612-822-4611
Public Procurement and Contract Law: Exploring Intersections, Defining Boundaries

Public Procurement and Contract Law: Exploring Intersections, Defining Boundaries

Andhov, Marta
Kania, Michal
Cavaleri, Sylvie Cécile

Hardcover

General Law

ISBN10: 1509989455
ISBN13: 9781509989454
Publisher: Hart Publishing
Published: May 14 2026
Pages: 408
Weight: 1.64
Height: 0.94 Width: 6.14 Depth: 9.21
Language: English

This open access anthology explores intersections and boundaries between public procurement and contract law, examining how these legal regimes diverge, influence, and occasionally overlap during the performance stage of public contracts.

While public procurement processes are largely harmonised across Europe through the EU Public Procurement Directives, the performance phase is only partially regulated. A sizeable part of public contract implementation remains subject to national laws, governed through a combination of administrative and contract law. This gives rise to a set of foundational questions: Does public procurement law fully occupy the legal space of public contract performance? In which instances-if any-does contract law retain relevance? Are classical contract law concepts transformed or distorted when applied to public contracts, and how does this affect mechanisms such as arbitration? To what extent do the answers to these questions vary depending on the regulatory model adopted by a given jurisdiction?

Part 1 introduces the topic, covering regulatory models for public contracts from procurement and contract law perspectives. Part 2 examines general issues such as legal review asymmetries, tacit modifications, due diligence, loyalty obligations, and the doctrine of hardship under EU law. Part 3 explores contemporary challenges, including digitalisation and sustainability. Part 4 analyses arbitration in public contract disputes.

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