Considerations on the ius variandi applied to infrastructure works in the economic crisis situation

the case of the metro of Malaga

Abstract

The ius variandi, the power of the contracting authority to modify the public procurements contracts, lets find peculiarities in the case of the great works of infrastructure, especially in an environment defined by the economic crisis. From these peculiarities, its becames of importance a special analysis of the justification and the limits of the contractual modification: the restriction of the public budget has caused an unforeseen situation at the time when the decision to build these public works, forcing the contracting Administration to seek solutions that reconcile the general interest in the completion and use of such infrastructures with the requirements deriving from the equality in access to resources is adopted public, transcript of the free competition.