Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Eine Plattform für die Wissenschaft: Bauingenieurwesen, Architektur und Urbanistik
Projektuotojo, kaip statybos proceso dalyvio, atsakomybė ; The Liability of the Designer as a Participant of Construction Process
This study is devoted to the most complicated legal issues regarding the application and limitation of the contractual and non-contractual liability of a designer, and the share of joint liability of the designer and other construction parties. The study results revealed that in the case of contractor/sub-contractor legal relations where a customer has no legal relation with a designer as a subcontractor, the customer has no right to claim damages against the designer on the non-contractual basis as the damage due to improper performance of the contract/sub contractual agreement can only be compensated on the basis of contractual liability and by making claim only to the counterparty of the contract. In cases where a designer shares liability for damage with the other contractual parties on the basis of different contracts, the designer is subject to the partial liability (contractual). In addition, the results of the study revealed that the designer as well as the public authority that unlawfully issued the construction permit may be found guilty, and required to remedy the effects of the construction accomplished on the basis of unlawfully issued construction permit provided that the unlawfulness of the construction was determined because of the building design solutions which did not comply with the legal requirements.
Projektuotojo, kaip statybos proceso dalyvio, atsakomybė ; The Liability of the Designer as a Participant of Construction Process
This study is devoted to the most complicated legal issues regarding the application and limitation of the contractual and non-contractual liability of a designer, and the share of joint liability of the designer and other construction parties. The study results revealed that in the case of contractor/sub-contractor legal relations where a customer has no legal relation with a designer as a subcontractor, the customer has no right to claim damages against the designer on the non-contractual basis as the damage due to improper performance of the contract/sub contractual agreement can only be compensated on the basis of contractual liability and by making claim only to the counterparty of the contract. In cases where a designer shares liability for damage with the other contractual parties on the basis of different contracts, the designer is subject to the partial liability (contractual). In addition, the results of the study revealed that the designer as well as the public authority that unlawfully issued the construction permit may be found guilty, and required to remedy the effects of the construction accomplished on the basis of unlawfully issued construction permit provided that the unlawfulness of the construction was determined because of the building design solutions which did not comply with the legal requirements.
Projektuotojo, kaip statybos proceso dalyvio, atsakomybė ; The Liability of the Designer as a Participant of Construction Process
Jasulaitytė, Evelina (Autor:in)
01.01.2019
Hochschulschrift
Elektronische Ressource
Lithuanian , Englisch
DDC:
690
Flexibility approach in construction process engineering / Lankstumas statybos proceso inžinerijoje
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| BASE | 2010