The perpetual confusion between retention money and delay damages under Government Decision No. 1/2018
The perpetual confusion between retention money and delay damages under Government Decision No. 1/2018

Summary/Abstract: The standardised contractual conditions approved by H.G. 1/2018 include, besides the amounts withheld from the contractor as performance guarantee, and those withheld as delay damages, a third category of “retentions”, which, due to the inappropriate terminology used to describe them, creates in the practice of construction law some divergences regarding their modus operandi. The article analyses the various types of "retentions" identified in the standardised contractual conditions approved by H.G. 1/2018, trying to clarify their origin and legal nature from the perspective of Romanian law.

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