Contractor loses appeal; court upholds dismissal due to lack of written order and budget mismatch.
Legislator summary
AI generatedThe 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 generatedArticles 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.