ABSTRACT

Last year the Portuguese Public Procurement Code was reviewed and republished by Decree-Law 111-B/2017, which transposed the European Directives 2014/23/EU, 2014/24/EU, 2014/25/EU and 2014/55/EU into Portuguese legislation. The reviewed code came into force in Portugal on January 1st, 2018. This article focuses on the most relevant changes related to Subsurface Contracts for Complex Geotechnical Works. A brief summary of the changes that impact directly the design, tender, execution and risk management of subsurface works (especially for tunnels) is presented. The article also promotes the best international contractual practices recommended by the International Tunnelling and Underground Space Association (ITA). In a second step, the potential appliction of these practices in Portugal will be highlighted and limitations and opportunities will be discussed.