Legislator Case Law & Legislation
ECLI:NL:OGHACMB:2023:236 ECLI:NL:OGHACMB:2023:236 AI generated

Contractual damages awarded for work suspension; suspension costs rejected due to lack of causal link.

Case Number ECLI:NL:OGHACMB:2023:236
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Partially Allowed

Legislator summary

AI generated

The Court of Justice of the Caribbean Netherlands partially allowed Albo's claim for damages against Veolia regarding a terminated water supply contract. While the court upheld the lower court's award for specific work items and materials, it rejected Albo's request for suspension costs because the evidence failed to prove these expenses were directly caused by the suspension rather than general stagnation. Consequently, the final judgment confirmed the original award of approximately $4.28 million while dismissing the additional claim for suspension-related damages.

Legislator headnote

AI generated

Art. 6:162 BW; Art. 6:164 BW: Damages for breach of contract require a direct causal link between the breach and the loss; general stagnation costs without specific proof of causation are not recoverable.

Keywords

AI generated
contractual damages work suspension causal link stagnation costs breach of contract construction contract termination of contract

Cited Legislation

AI generated
Art. 6:162 BW
Art. 6:164 BW
art. 843a Rv
art. 141 Rv

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