A. Claim for Reduction of Contractual Penalties
The contractor sought a reduction of the contractual penalties on the basis that…
With regard to the asphalt supply problems it must be assumed that the contract limited…
Other events invoked by the contractor as causes of delay of the works to be performed…
The tribunal also rejected the contractor’s defense related to the “general context…
With regard to the notification requirement, the tribunal considered that while it should be applied with flexibility, events that were not communicated by the party invoking force majeure to the other side when they occurred, or were described only in general terms, cannot be taken into account such that the notification requirement is not met.…
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