Decreto-Lei n.º 90-A/78, de 10 de Maio de 1978
Decreto-Lei n.º 90-A/78 de 10 de Maio Considerando as enormes dificuldades financeiras e de tesouraria da maioria das empresas empreiteiras portuguesas, os inconvenientes e prejudiciais atrasos na abertura de concursos, adjudicações e celebração de contratos resultantes da exigência da prestação de caução provisória e definitiva e da impossibilidade da obtenção da substitutiva garantia bancária; Considerando que há necessidade conjuntural de ultrapassar estes e outros inconvenientes e obstáculos: Nestes termos: O Governo decreta, nos termos da alínea a) do n.º 1 do artigo 201.º da Constituição, o seguinte: Artigo 1.º - 1 - Nas obras do Estado, por despacho conjunto do Ministro das Finanças e do Plano e do Ministro competente, poderão os concorrentes ser dispensados da prestação da caução provisória e os adjudicatários da caução definitiva.
2 - A partir da data do despacho que dispensa a prestação da caução definitiva, poderá o contrato ser celebrado, nos termos do artigo 100.º do Decreto-Lei n.º 48871, de 19 de Fevereiro de 1969.
3 - Sempre que for dispensada a caução definitiva, nos termos do n.º 1, serão retidos pela entidade responsável da obra, em cada pagamento parcial efectuado, 5% do seu valor, que funcionará como garantia e se irá acumulando até perfazer 5% do preço global da adjudicação, sem prejuízo do disposto no artigo 186.º do Decreto-Lei n.º...
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