Contract price adjustment

JURISPRUDENȚĂ COMENTATĂ ȘI ADNOTATĂ

Abstract

The price adjustment in the Contract Agreement, invoked by the plaintiff in support of its opinion, only confirms the contracting authority's option to allow price adjustment if the execution period is longer than 365 days [...]. And this clause must be interpreted in conjunction with the express mention in the Procurement Data Sheet that the adjustment, accepted and provided for by the contracting authority, is activated from the second year of performance, i.e. applies for the period following the first year of performance.

The interpretation proposed by the plaintiff, which implies in practice a retroactive application, also for the first year of the contract, of the adjustment formula provided for from the second year after the signing of the contract' is not supported by the legal provisions set out above, nor from the point of view of logical and legal interpretation, since, given that, if the authority had wished the price adjustment to be applicable for the entire duration of the contract, there would have been no need to indicate anything other than the formula according to which such an adjustment would be made, without further specifying the time from which the formula is activated, that is to say, begins to be applied, that is to say, for the future.