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What Is Positive Contractual Interest (Positiv kontraktsinteresse, Norway)?
This is a Norwegian procurement term. Damages for lost profit where a supplier has been wrongly passed over in a competition.
What does positive contractual interest cover?
Lost profit on the contract the supplier would have won. It puts the supplier in the position it would have been in had it been awarded the contract.
What must the supplier show?
That the buyer committed a material breach and that the supplier would clearly have won the competition had the breach not occurred. This is a demanding standard.
How does it differ from negative contractual interest?
Negative interest covers the bid costs and is easier to prove. Positive interest covers lost profit and requires showing you would have won.
