Works Contracted By The State Cost Variations - Full Text Of The Rule

Original Language Title: OBRAS CONTRATADAS POR EL ESTADO VARIACIONES DE COSTO - Texto completo de la norma

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image inicio sitio infoleg MInisterio de Justicia y Derechos Humanos
LEY No. 12.910

PUBLIC WORKS

Buenos Aires, January 2, 1947

SENADO AND CAMARA DEDIPUTADOS DE LA Nacion ARGENTINA REUNIDOS IN CONGRESO, ETC., _


Article 1. The National Administration, in all works that through its official agencies and autonomous and auto-partitions are currently contracted and/or carried out during the course of the war, shall, in whole or in part, take over, depending on the cases and within the limits set by this law, the variations in more or less in the price of materials, transport, labour, fuels, and other determining elements of the emergency.


Article 2. The Administration shall, in each case, decide on the origin and manner of giving effect to the absorption of the differences referred to in the previous article, whether by applying tables that establish the laws of variation of the costs during the respective time of execution, whether by the recognition of the losses suffered in each work, to be verified with the accounting of the companies, customs reports, the official banks and technical opinions of the Ministry of Public Works.


Art. 3. It is established that the largest disbursements for the category of general administration expenses of the enterprises shall not be recognized or compensated, nor shall the greatest expenses be recognized, as a result of unforeseenness, negligence, imperfection or incorrect business operations.


Article 4. In no case shall recognitions resulting from the application of this law be exceeded to the greatest evident erogations.


Art. 5o. In cases where the works are completely or partially paralyzed and without prejudice to the provisions of article 1 with respect to the part of the work performed, consideration shall be given to the particular causes of the paralyzation, the possibility of continuing them through modifications in their technical structure, readjustment of prices and conditions, extensions of time and other measures; or, if this is not feasible, the respective contracts shall be terminated.

In the latter case, no compensation for loss of profits for the part of the work that is no longer executed will be recognized to the entrepreneurs.


Article 6. In the future, the executive branch will order the inclusion in the specifications for the construction of works, of an emergency regime that covers in an equitable way possible variations of costs concurrent to the realization.


Article 7. The Executive Power, within thirty (30) days of the promulgation of this Law, shall dictate the rules for its best compliance.

The contractor ' s acceptance of the benefits of this law should take place within fifteen (15) days of such rules being issued. This accommodation will automatically imply the waiver of any judicial action based on the causes of this law.


Art. 8o.– The expenses that demand the application of this law to the works in execution shall be met with the funds agreed upon by the respective laws. With regard to the works without credit in force, the executive branch will request the corresponding funds to the Honorable Congress in due course.


Art. 9o.– Contact the Executive.

Given in the meeting room of the Argentine Congress, in Buenos Aires, at the ten and nine days of the month of December of the year, a thousand nine hundred and forty-six.
J. H. Quijano. - Ricardo C. Guardo - Alberto H. Reales - Leonidas Z. Carbó.

Promulgated in fact on the date; cover, publish, report, give to the National Register and go to the National Account for its purposes.
PERON. - Juan Pistarini.