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Statybos rangos sutarties vykdymo probleminiai aspektai ; Problematic aspects of the performance of a construction contract
Problematic Aspects of the Performance of a Construction Contract Construction contract is one of the most popular and complex types of contract. Due to its specific nature, the performance of this contract requires extraordinary attention and diligence of the parties both at the pre-contractual stage and during the performance of the contract. In order to avoid the risks of performance of the contract and to ensure a fluent construction process, it is necessary to identify the specifics of qualifying a construction contract, assess potential contract performance risks and examine the most common types of contract breach. The first part of this Master's thesis presents the construction contract institute in general – this part is devoted to discussing the influence of pre-contractual relations on the further execution of the construction contract. The specific matter (object) of this contract is analyzed and the concept of construction contract is evaluated. In addition, focus is laid on the misclassification of a construction contract and the issues of distinguishing this institute from other contract institutes. This part of the Master's thesis also presents rights and obligations of the main construction participants and the importance of its’ rightful identification for proper performance of a contract. The second part of this Master's thesis is a detailed analysis of risks arising in the process of implementation of a construction contract. The duration and complexity of the execution of a construction contract determine the existence of various risk factors. Risks associated with the construction project and the competence of the contractors are assessed, as well as analysis of risks beyond the control of the contractors is presented in the thesis. This part of the Master’s thesis raises issues related to the parties' awareness of possible problems during the fulfillment of a contract. It is assessed whether the Lithuanian legal doctrine and legal acts contain sufficient information on the risks under consideration, analyze the legal consequences of the specific risks and make suggestions on how to avoid the possible aggravation of the construction contract. The author compares the management of the analyzed risks in Lithuania and foreign jurisdictions. The third part of this Master's thesis analyzes the most common breaches of construction contract in practice. It can be said that breaches of a construction contract often result from lack of effort of the parties to achieve the best result or failure to meet all the requirements for proper performance of the contract. The author distinguishes four major violations of the contract, characterized by abundance of litigation and lack of legal analysis. The paper evaluates the causes of these breaches of the contract, analyzes the issues of violation of rights and offers a way out how the parties of the contract could find consensus and avoid violations of the construction contract.
Statybos rangos sutarties vykdymo probleminiai aspektai ; Problematic aspects of the performance of a construction contract
Problematic Aspects of the Performance of a Construction Contract Construction contract is one of the most popular and complex types of contract. Due to its specific nature, the performance of this contract requires extraordinary attention and diligence of the parties both at the pre-contractual stage and during the performance of the contract. In order to avoid the risks of performance of the contract and to ensure a fluent construction process, it is necessary to identify the specifics of qualifying a construction contract, assess potential contract performance risks and examine the most common types of contract breach. The first part of this Master's thesis presents the construction contract institute in general – this part is devoted to discussing the influence of pre-contractual relations on the further execution of the construction contract. The specific matter (object) of this contract is analyzed and the concept of construction contract is evaluated. In addition, focus is laid on the misclassification of a construction contract and the issues of distinguishing this institute from other contract institutes. This part of the Master's thesis also presents rights and obligations of the main construction participants and the importance of its’ rightful identification for proper performance of a contract. The second part of this Master's thesis is a detailed analysis of risks arising in the process of implementation of a construction contract. The duration and complexity of the execution of a construction contract determine the existence of various risk factors. Risks associated with the construction project and the competence of the contractors are assessed, as well as analysis of risks beyond the control of the contractors is presented in the thesis. This part of the Master’s thesis raises issues related to the parties' awareness of possible problems during the fulfillment of a contract. It is assessed whether the Lithuanian legal doctrine and legal acts contain sufficient information on the risks under consideration, analyze the legal consequences of the specific risks and make suggestions on how to avoid the possible aggravation of the construction contract. The author compares the management of the analyzed risks in Lithuania and foreign jurisdictions. The third part of this Master's thesis analyzes the most common breaches of construction contract in practice. It can be said that breaches of a construction contract often result from lack of effort of the parties to achieve the best result or failure to meet all the requirements for proper performance of the contract. The author distinguishes four major violations of the contract, characterized by abundance of litigation and lack of legal analysis. The paper evaluates the causes of these breaches of the contract, analyzes the issues of violation of rights and offers a way out how the parties of the contract could find consensus and avoid violations of the construction contract.
Statybos rangos sutarties vykdymo probleminiai aspektai ; Problematic aspects of the performance of a construction contract
Balsytė, Guoda (author) / Varapnickas, Tadas
2020-04-23
Theses
Electronic Resource
Lithuanian , English
DDC:
690
Construction sector in crisis analysis aspects / Statybos sektoriaus krizės analizės aspektai
BASE | 2011
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