Gwarancja ubezpieczeniowa członka konsorcjum jako wadium w postępowaniu o uzyskanie przez konsorcjum zamówienia publicznego
Insurance guarantee of a consortium member as a bid bond in a tender for award of a public contract to the consortium

Summary/Abstract: The study is devoted to the issue of effectiveness of an insurance guarantee which constitutes a bid bond in a tender for a public contract. The assessment of legal effects of the guarantee has been limited to the situation in which a few contractors which make up a consortium take part in a tender together, but only one of the consortium members submits the security of ordering party’s possible claims in the form of an insurance guarantee.The authors prove that an insurance guarantee issued at the request of only one member of the con- tractors’ consortium does not constitute a sufficient protection of the ordering party’s interests. Due to the fact that contractor’s guarantee bears its name (name of the party requesting the guarantee), the ordering party will not be paid the guarantee sum, if the reasons for the payment under the guar- antee concern a contractor (consortium member) who has not been covered by the guarantee. Wrong understanding of these issues may lead to perturbations and controversy in the area of public contracts, where the use of insurance guarantees is common.

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