Statybos valdytojas: samprata ir sutartinės atsakomybės ypatumai
MetaduomenysRodyti išsamų įrašą
This article deals with the pecularities and legal backgrounds of a construction manager’s contractual responsibility. They are being analyzed through definition of construction management, functions of construction manager and his legal relationship with other participants in construction. Firstly the article overviews the origin of construction management in Lithuanian law system and gives evaluation the legal correctness of its qualification. Then the article reveals the conception of construction management and construction manager, clears their essence by enlightening selected aspects of national laws and good practice of common law system countries. The responsibility of construction manager as the owner’s representative is compared to the responsibility of externally similar participant of construction process—general contractor performing no real works. Peculiarities of construction manager‘s contractual responsibility are cleared through the above-mentioned differences and conclusions are made based on national laws and case law. However, the good practice of chosen foreign countries indicates that clean distinction between construction manager and general constructor is a condition to correct application of rules of responsibility to other participants for unperformed duties or harm caused. At the end of this paper the curious situation of joint responsibility of the owner and construction manager is presented. It is exceptional and based on the particular case on the Supreme Court of Lithuania where the specific factual circumstances allow to bypass the rule “actions of the agent impose rights and obligations to the principal,” This situation is evaluated on the basis of conducted analysis on nature of construction manager‘s responsibility and regardless of lack of other case law and doctrine on the subject shall not become a precedent in common construction management disputes.
- Straipsniai / Articles