How Contractors of the Administration can apply for a Revision of Prices in their Contracts

On 2 March 2022, Royal Decree-Law 3/2022, of 1 March, on measures to improve the sustainability of road freight transport and the functioning of the logistics chain, and transposing Directive (EU) 2020/1057 of 15 July 2020, was published in the Official State Gazette (BOE), laying down specific rules with regard to Directive 96/71/EC and Directive 2014/67/EU for the posting of drivers in the road transport sector, and exceptional measures concerning price revision in public construction contracts (hereinafter "RDL 3/2022"). Likewise, several Autonomous Communities have approved autonomous regulations that provide for the revision of prices in public construction contracts in the event of extraordinary variations in the prices of materials.

The incidence of the pandemic caused by Covid-19 has generated an increase in the price of various raw materials that in many cases is causing the economic-financial equilibrium of public sector contracts to be broken. In view of this situation, the government has approved RDL 3/2022, Title II of which establishes a series of exceptional measures on the revision of the prices of public contracts, allowing for the revision of the prices of construction contracts that have been affected by the increase in the prices of certain raw materials, outside the procedures for modifying the contract established in the public procurement regulations.

This course will provide an overview of the functioning of the price review mechanism for public construction contracts introduced by RDL 3/2022.

By the end of this course, you should be able to:

1. Identify when the deadline for requesting a review is and which cases are subject to review
2. Understand the requirements for the recognition of price revisions and the payment of the amount resulting from the review