Legislator Case Law & Legislation
ECLI:NL:OGHACMB:2024:221 ECLI:NL:OGHACMB:2024:221 AI generated

Contractor loses appeal; court upholds dismissal due to lack of written order and budget mismatch.

Case Number ECLI:NL:OGHACMB:2024:221
Court / Authority
Jurisdiction Netherlands (NL)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Court of Appeal upheld the first-instance dismissal of the contractor's claim for payment, confirming the government's position that no valid written order existed. The contractor argued for a one-year project duration based on oral discussions and initial budget estimates, while the government contended that official documentation only supported a shorter scope and a lower budget. The court rejected the contractor's reliance on informal communications and the initial budget figures, ruling that without a formal written order matching the claimed duration and amount, the claim was inadmissible under principles of reasonableness and fairness.

Legislator headnote

AI generated

Articles 1:100 BW; Article 6:2 sub 1 BW; A contractor cannot claim payment for a project duration exceeding the scope of a formal written order or a budget explicitly approved in writing, even if oral discussions or preliminary estimates suggest otherwise.

Keywords

AI generated
written order requirement contract duration dispute budget approval mismatch reasonableness and fairness public procurement rules payment claim dismissal oral agreement invalidity

Cited Legislation

AI generated
Article 1:100 BW
Article 6:2 sub 1 BW
artikel 6 EVRM
artikel 3:61 lid 2 BW

Cited Case Law

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