| Abstract [eng] |
Conditions for Applying Contractor Liability for Poor Quality Work in Case Law In the Lithuanian case law, contractor’s liability for defective work is applied in accordance with general and special norms of law. Irrespective of whether the contractor is liable under general norms of law, e.g. civil liability or, under special norms of law, the claimant is required to prove only defective works, since the general rules on the apportionment of the procedural burden of proof in such claims do not apply. In addition, the reduced limitation period of one year applies also in the claims of civil liability. The means of redress provided for in the special norms of law in principle enshrine the principles of the binding and enforceability of a contract and satisfy the requirement of performance of an obligation in kind, which is the primary means of redress in the Continental legal system. In addition, the claimant who has suffered or will suffer additional damages is entitled to claim civil liability, he must prove all conditions of the civil liability: wrongdoing, causation, fault and loss (damage). In certain cases, the contractor’s liability may be covered by several remedies. Remedies must be compatible with each other and cannot be alternative. In addition to the employer, the new owner of the construction structure may also claim the contractor’s liability for the construction defects, as the contractor’s obligation to guarantee the quality of the construction structure during the warranty period is linked to the structure itself and follows it. The general contractor in the sub contractual relationship is the employer and enjoys employer’s rights to claim for defective work. Accordingly, when the general contractor transfers the result of the works to the employer, general contractor’s right to make a claim to the subcontractor for the defective work identified during the warranty period passes to the employer along with the right of ownership. |
