The contractual penalty as a big stick
It regularly happens that contracts contain a penalty clause. The purpose of a penalty clause is often twofold: on the one hand, an (additional) incentive to perform and, on the other, a way to fix in advance the extent of the damage suffered by the creditor if the debtor does not fulfil his obligations. In […]
Contracting authority must now give all documents to judge
Litigating against the outcome of a tender becomes easier: contracting authorities will now have to give all tender documents, including competitors’ bids, to the court. Losing in a tender is never fun. A tender is often well prepared and involves a lot of time and calculations. The outcome is even harder to digest when, as […]