Art. 26, in the first paragraph, provides that, in relation to public works contracts (and therefore with the exclusion of service contracts and supplies) awarded on the basis of offers submitted by the deadline of 31 December 2021 - including those entrusted to a general contractor - the state of progress of the works regarding the works carried out and accounted for by the works manager, or noted by the latter in the measurement book from 1 January 2022 until the 31 December 2022, it is adopted by applying the updated regional price lists according to the procedures referred to in paragraph 2 of the same provision or, pending this update, those provided for in the following paragraph 3 .. This also in derogation from the clauses contained in the procurement contracts.

Therefore, as a result of the new provision, companies will be eligible for works carried out between January 2022 and the 31 December 2022, a mandatory price adjustment mechanism, through the amazing update, pursuant to paragraph 2, of the price lists in use at the date of entry into force of the decree (that is to 18 maggio 2022), that is to say, pending this update, resorting to a temporary hike up to 20% of those updated to 31 December 2021 .

The second paragraph, third period, of the standard in question provides for the application of the new price lists (referred to in the aforementioned paragraphs 2 e 3) also to the award procedures that will be launched after the date of entry into force of the decree, and up to 31 December 2022, with transient use up to 31 march 2023 .For such contracts, moreover, the rule is without prejudice to the application of the provisions of art. 29 from d.l. n. 4/2022 (converted, with modifications, from l. n. 25/2022), on the subject of price revision and offsetting of extra costs. About it, please note that pursuant to this provision, the contracting authorities are obliged to insert the price revision clauses in the initial tender documents and to compensate any extra costs for the percentage exceeding the 5 percent, and in any case to the extent of 80 percent of this excess , Compensation that can be applied to the work carried out starting from the first semester 2023.

For tenders issued after 27 January 2022 therefore, the price revision continues to be applied as per art. 29 dl sostegni ter.

BARBERIS STUDIO