Punitive damages have penal element in civil law which is not common in European practice. Punitive damages are well known in some countries in the USA, although the punitive damages originally derive from England (1763). Usually courts that acknowledge punitive damages award actual damages and special (punitive) damages which are usually much higher than actual damages.
As shown by recent experience, implementation of public works may be accompanied by financial difficulties of the general contractor, which has a knock-on effect on subcontractors and suppliers and their liquidity. Despite performing the work or delivering the goods under the contract, they may not be paid. This raises the issue of who is liable for the lack of payment.
The regulations regarding unfair commercial practices have been tightened up. In a difficult economic period, characterized as one of crisis, the survival on the market has become, for many merchants, a purpose and for its achievement they are willing to put in the fight any means, even some less "orthodox".