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João Paulo da Silveira Ribeiro participates in the Seminar on the New Procurement Law, promoted by [...]
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Silveira Ribeiro Advogados maintains an injunction suspending the effects of the requirement for invoices in contracts entered into with the Municipality of Rio de Janeiro
On the 28th, the appeal filed by the Association of Engineering Companies of Rio de Janeiro (“AEERJ”), represented by Silveira Ribeiro Advogados, was upheld by the 16th Civil Chamber of the Court of Justice of the State of Rio de Janeiro (“TJRJ”).
The object of the action deals with Rio Decree No. 43189/2017, in which the City of Rio de Janeiro started to require the presentation of invoices for all materials, tools, and equipment used to make payments for ongoing contracts. This measure ended up unilaterally changing the form of payment originally provided for in the administrative contracts entered into between the parties.
The firm had already obtained, in the second instance, an injunction favorable to AEERJ, which suspended the effects of the aforementioned decree.
Now, by maintaining the injunction previously granted, the rapporteur made special mention of the fact that the new requirement changed the settlement procedure previously provided for in the published notices so that the new obligation would significantly modify the term for payment of services duly performed. They also stated that the provision of Decree No. 43189/2017 was unreasonable, given the absence of this condition in the bidding notice in question.