Can the composition of a UTE be modified after the contract awarded?

UF, this topic of the UTES and their changes of members after catching a contract ... often legal mess, the truth. The Law of Public Contracts (yes, that, the LCSP that nobody wants to read) makes it quite clear: once they have given you the contract, to walk the companies that form the UTE are not precisely well seen. Come on, in theory, nothing to change chromes once the cards are distributed.

Of course, there are nuances. Article 66 of the LCSP says that if, as far as it is, you want to modify the UTE, you have to notify the contracting body. And be careful, that the change cannot be something that crucially alters the conditions for which they gave you the contract. If you make a beast change, the beach bar and goodbye can lie to you, so richly.

Think about it: the UTE is mounted for a specific project, and each company has its well -defined role. If you change one of the actors, the script no longer fits or the movie comes out frog. Therefore, it is not a matter of improvising.

Now, it is not all black either. The central administrative court of contractual resources (that name, my mother) has dropped that, in very very justified cases, a UTE company can be replaced. But it has to be very well explained and cannot change the essence of the original agreement. An example: if one of the companies is going to pique and enters insolvency, then they let you change it. But, I repeat, it is not open bar.

Anyway, if you are part of a UTE and you consider changing the alignment after winning the contract, it is best not to play it. Look for a good lawyer who knows public contracts before moving file. Because skipping the rules here can leave expensive, very expensive.

In short: Change the composition of a UTE after the award is very delicate and, except for weight reasons and with all the papers in order, it is almost always vetoed. If you have to do it, you have to communicate yes or yes and make sure you do not change the essence of the contract. And if you have doubts, better sin caked than to end in legal trouble.