Incongruenţa dintre menţiunile documentului constatator negativ şi menţiunile procesului-verbal de recepţie la terminarea lucrărilor
inconsistency between the statements of the negative finding report and the statements of the hand-over/completion reception report

Summary/Abstract: The finding report is an act arising from the performance of a public procurement contract. Its special legal configuration entails certain particularities regarding the grounds of illegality that may be invoked in an action for annulment and, respectively – as a provisional measure – in an action seeking the suspension of the enforcement of the finding report (under the requirement of a well justified case). Based on a judicial ruling, this paper examines a lesser explored ground of illegality of the finding report, namely the lack of correspondence between (i) the statements in the negative finding report issued upon the completion of a public procurement contract for construction works (a report in which the contracting authority recorded the improper performance of the construction works contract and/or damage caused to the authority) and (ii) the statements in the handover/completion reception report (a report in which, by hypothesis, the proper performance of the public procurement contract was established). Such a discrepancy may amount to a breach of Article 21 of the Regulation on the Reception of Construction Works and Their Related Installations (integral part of Government Decision No. 343/2017), leading the court to annul the finding report.

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