What happens if one of the UTE members does not comply with?
When one of the members puts the leg in a UTE (yes, those temporary unions of companies that are mounted to catch juicy contracts, especially public), the thing can be twisted a lot, and not only for those who fail, but for all those who are in the move. That is, nobody gets out here.
Let's see, the basics: a UTE is nothing more than a handful of companies that decide to go together for a toucho contract. The typical: public works, something fat. And of course, the Public Sector Contract Law (LCSP, for colleagues) makes it very clear in its article 66: all of the UTE respond the same before the Administration. That one lies her, because the others also pringan, that simple. The administration is not going to walk with Rodeos: it goes for the one who can, and period.
This solidarity responsibility is like going on a ship and that one makes a hole: because you all get wet. If one does not comply, the UTE can be punished, throw it out of the contract, put a fine, or even veto the companies for future tenders. And if you are the pringo who did work, you can claim to the one who failed what touches you for damages. Come on, you don't leave Rositas.
Therefore, before marrying this of the UTE, you have to look good who you join. A check -up prior to your future partners can save you more than one disgust. And be careful, put the rules of the game in the UTE contract: "If you, this and this happens." Better to leave everything tied and well tied, that the dramas then come.
And if the mess is fat, you can even dissolve the UTE. In that case, the administration can pull the guarantees you put, or look for another to finish the job. There are no look.
Total, that skipping the rules in a UTE is to play with fire. The consequences can be a huge brown for everyone. So, if you don't want dramas, choose your travel companions and make it clear in writing what happens if anyone goes ready. Thus, at least, if there is a anger, you will have where to grab.