| Abstract [eng] |
In this Master’s work specifics of legal regulation on patent and latent construction defects as well as legal consequences of their identification are analysed. Through analysis of practice of the Supreme Court of Lithuania, problematic aspects are revealed and examined. The research is based on analysis of legal regulation of Lithuanian Civil Code, Lithuanian Law on Construction, Technical Construction Regulations. The research is also based on comparison with provisions of FIDIC model contracts, Draft Common Frame of Reference, and regulation of corresponding issues in German, French and English law. Positions stated in law doctrine are discussed as well. Legal consequences of construction defects first of all depend on correct qualification of legal relations, therefore, in this work the specifics of the construction contract’s object, as an essential construction contract’s distinctive feature, is highlighted. Since quality of construction must comply with not only contractual requirements but also with mandatory minimal quality requirements prescribed in normative technical construction documents, in this work the concept of construction defects is set forth, describing defects as a quality of construction result unconformity with prescribed requirements. This work analyses legal consequences of patent and latent defects identified while transferring and accepting construction result, such as: significance of transfer – acceptance, also significance of unilateral transfer act to parties concerning identification of defects in the future. Specifics regarding constructor’s civil liability for identified construction defects are also discussed: conditions for constructor’s civil liability to emerge; allocation of duty to prove defects’ fact and their cause; ways to defend infringed rights of a client. A great attention is paid to investigation of problematic aspects concerning terms to identify construction defects and submit claims, as well as application of these terms. |
