May the draft contract provide that no interest may be claimed if a progress payment is made late?

Case / decision no:

2024/986 / 2024/1754

Decision date:

15 June 2026

Court:

Danıştay

Case number:

2024/986

The judgment of the 13th Chamber of the Council of State (case No 2024/986, decision No 2024/1754) establishes that contractual provisions wholly removing the contractor's right to claim interest where progress payments are made late are unlawful. The principle of equality of the parties must be preserved in public procurement contracts.