Contractual disputes – Supply of goods

Our client, a manufacturer of construction materials, supplied a number of components to a main contractor in connection with a major construction project carried out for a leading railway operator.

During the performance of the contract, concerns arose as to whether the components supplied complied with the safety standards applicable to this type of project. On that basis, the main contractor refused to pay the purchase price, amounting to several million euros, despite the fact that the parties’ agreement did not expressly require the components to comply with the safety standard in question.

The firm initiated two sets of proceedings against the main contractor, including urgent interim proceedings and proceedings on the merits, seeking payment of the outstanding purchase price at the earliest possible stage, together with late-payment interest and damages in respect of anticipated future orders that were lost as a result of the dispute.