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Public Contracts and Price Revision: TAR Lazio Clarifies the Limits in Case of Contractor Replacement

News

Public Contracts and Price Revision: TAR Lazio Clarifies the Limits in Case of Contractor Replacement

Price revision in public contracts is not an automatic mechanism but a tool designed to preserve the economic balance of the contractual relationship and ensure fair remuneration for the contractor.

Attorney Francesco Oliverio of QLT Law & Tax addressed this issue in an article published in Italia Oggi on February 23, 2026, analysing decision no. 1898/2024 of the TAR Lazio.

The ruling deals with a practical and highly relevant question: whether a new contractor, who takes over the execution of a public contract, may obtain price adjustments also for the period preceding the takeover. In the case examined, the contracting authority had denied any revision for the earlier period, relying on the issuance of a new CIG and a new main supply order.

However, the Court clarified that contractor replacement cannot be used to circumvent the protection of the contractual balance. Even where a new contractual relationship is formally established, the administration must verify whether the prices offered in a previous economic context have been affected by inflationary phenomena capable of altering the original economic equilibrium.

The ruling highlights the importance of proper investigation and reasoned decision-making. A refusal to grant price revision cannot be based solely on formal elements but must demonstrate how the contractual balance has been preserved.

Below is the reproduction of the article published in Italia Oggi:

Sui prezzi niente automatismi - Italia Oggi, Francesco Oliverio