kontraktsgivere

Kontraktsgivere are parties that issue formal agreements, commonly called contracts, in a legal or commercial setting. The term is used primarily in Danish law and practice to refer to individuals or entities that initiate a contractual relationship by specifying terms and conditions to be met by another party, known as the kontraktstagere or contractors. In everyday usage, kontraktsgivere can be clients, employers, public authorities, or any customer who commissions services or goods from a provider. They hold the duty to accurately define the scope of work, deliver clear obligations, and comply with applicable statutory requirements.

Under the Danish Contract Act (Købeloven and Loven om serviceaftaler), a kontraktsgiver must provide a written or unambiguous offer that can be accepted by the kontraktstager. The contract then binds both parties, usually merging the tilbyder’s (bidder’s) obligations and the prima facie responsibilities of the kontraktstager. The law also protects kontraktsgivere by setting limits on their liability, such as the law of double standards, which prevents them from demanding unfair or illegal terms.

In public procurement, kontraktsgivere are typically municipalities, government agencies, or public enterprises that allocate tendered services to capable contractors. The procurement rules require transparency, equal treatment, and a documented evaluation procedure that justifies the selection.

The relationship is characterised by mutual agreement but imbalanced power dynamics: the kontraktsgiver typically has more control over the terms and can terminate the agreement under specified conditions. Consequently, they must ensure compliance with fairness clauses, consumer protection statutes, and contractual obligations to avoid liability for breach or harassment.

The concept of kontraktsgivere is essential to understanding how service contracts are initiated, managed, and terminated within Danish commercial and public law.