Statybos defektai ir užsakovo atsakomybės už juos problemos.
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The article analyses the concept of construction defects as deficiencies in the quality of the work performed. The article further addresses the owner’s responsibility for the defects is contrasts it to the civil liability of the contractor for deficiencies in quality. The first part of this article deals with the linguistic problem of the concept itself, revealing a multitude of similarities among adjacent definitions. The author argues that construction defects are deficiencies in construction work related to the unsatisfactory quality features of the obligations performed by constractor. The study further addresses the concept of the owner and his liability for construction defects, if any. Particular circumstances lead to civil liability of the owner for deficiencies in construction quality. The article presents these circumstances based on the analysis of applicable laws and recent Lithuanian court practice. Owner’s liability is as an exception to the basic principle in construction contract law, that the contractor is liable for any deficiencies in the quality his work. The article concludes that contractor liability for construction defects is not absolute. It’s extent is limited by the owner’s actions or negligence therein. This results in shared liability for construction defects where both parties of a construction contract share the negative consequences of deficiencies in quality. Despite the lack of doctrinal research, the concept of shared liability for construction defects is currently gaining usage in the practice of Lithuanian courts.
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