Răspundere contractuală. Contract de achiziţie publică. Obligaţiile achizitorului. Refuz nejustificat de executare

Contractual liability. Public procurement contract. Purchaser’s obligations. Unjustified denial of performance

Abstract

The court of first instance emphasized the causality link between the acts of non-observance of the main contractual obligations which were subject to these claims addressed to the engineer and the damage calculated in the specialized technical expert’s report prepared in this case by reference to the contractual provisions invoked in the claims, the examination of which was made also by the determinations issued by the engineer, however, the report unreasonably limited both the amount of the compensation due to the contractor, as well as their basis, under the circumstances in which the non-performance of the agreement by either party shall determine not only some indirect expenses expressly provided for by both parties, but also some expected expenditure...