15. Evaluarea economică a contractului. Reper în interpretarea clauzei penale
15. The Economic Assessment of the Contract: A Benchmark for Interpreting the Penalty Clause

Summary/Abstract: The commentary analyzes the role of the economic assessment of contracts in interpreting penalty clauses inserted in public procurement contracts for construction works. It examines the legal implications of such clauses and the difficulties encountered by courts in determining whether the penalty clause is ambiguous or determinable in relation to the "contract value." The main section of the article critically addresses the courts' position, arguing that although the concept of "contract value" is susceptible to multiple interpretations, it does not possess a degree of ambiguity sufficient to negate its legal effects. The commentary also proposes and examines various methods of quantifying damages based on the economic evaluation of the contract and the original intention of the parties.

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