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24.
March
BGH: Contractual penalty clause with reference to net order amount in unit price contract is invalid!

BGH: Contractual penalty clause with reference to net order amount in unit price contract is invalid! BGH, judgment of February 15, 2024 - VII ZR 42/22 The BGH has once again classified a contractual penalty clause designed as a general terms and conditions as invalid. This concerns provisions in unit price contracts that link the contractual penalty to the net order amount. The BGH considers this to be an unreasonable disadvantage for the contractor, cf. 307 para. [...]

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