This process involves establishing the investor’s acceptable balance of competing demands. In general, the law envisages that the parties can choose the forum and the applicable law governing their relationship. The paper critically analyzes the process of realization of energy efficient kindergartens in the City of Belgrade whose designs are obtained in the open public urban architectural competition. These are discussed below. There is a distinction between changes to a project and additional works.
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If the parties agree to a turnkey provision, the contractor has a wider scope of duties compared to a regular contract, and two major differences apply:. Any transferee of a facility receives all the rights regarding deficiencies that the employer had towards the contractor, starting from the moment of gaining the ownership on the facility. If a contractor notices there are some deficiencies in the technical documentation, the contractor must inform the employer in writing.
The engineer can help the two other team members to understand the construction process and the situations that may lead to potential legal and financial implications, which they should try to avoid or solve.
It is prudent to obtain approximately six offers from different potential contractors, and to choose between them carefully. An investor’s team should at least include a designer, engineer, lawyer and accountant.
The nature of a construction contract in Serbia
Liability for construction defects or defective groundwork cannot be excluded or limited in a contract. The nature of the work must be clearly specified and cannot be against imperative norms, public order or good practices. However, the contractor is responsible to the employer for the errors of the subcontractor.
However, FIDIC allows up to 56 days after the employer receives interim or final payment certificates. This is because the contractor must check the project information and documentation planiranuu due professional care, and to inform the employer about any existing error. Due diligence checks should be made on the contractor’s expertise, equipment, workforce, solvency, and previous experience, among other things. A variable price is usually defined by a price fluctuation formula.
Timeframe for performance of the works. Don’t leave everything to your lawyer — read the contract carefully. If a fixed contract price has been agreed then generally the price the employer must pay does not change, even if one or more element of cost on which the price was agreed changes. However, if an investor expects planirwnju will be certain changes to the project as it progresses, then it may choose a more flexible and custom-made form of contract, to avoid the types of claim which are frequently encountered in FIDIC practice.
These factors can combine and lead to costly and time-consuming disputes. In general, an employer can oversee the overall works, and the quantity zakon o planiranju i izgradnji 2013 quality of the materials used. Buildings, dams, bridges, tunnels, water utilities, sewers, roads, railroads, wells and other construction facilities whose development requires larger and more complex zajon are considered as constructions under Serbian zakon o planiranju i izgradnji 2013.
Review of the design documents Careful review of design documents is essential at various stages of development up to issuance of a “for construction” design. However, planirwnju contractor is accountable for its performance to a higher professional standard. All contracts should be fully understood and negotiated in a manner that helps to cut down on potential disputes.
Liability for deficiency in materials A contractor is responsible for any deficiencies in the materials used for the work, regardless of whether the materials were provided by the contractor or by the employer. Defects periods In the Serbian legal framework a contractor is responsible for certain aspects of the work for up to two years from the performance of the contract, unless some other period is stipulated in the contract or the law.
ERRONEOUS REPORTING OF PROPERTY, PLANT AND EQUIPMENT | AUDITOR
A contractor is responsible for any deficiencies that arise because it did not follow the izfradnji, technical documentation, or necessary standards and codes of practice. Choosing the right contractor Choosing the right contractor involves performing due diligence and selecting a reputable contractor. The contractor can employ a subcontractor. Differences in payment procedures There are also differences in payment procedures.
Both the total price and the work unit price can be either a fixed price or a variable price.
After the taking-over procedure the employer is responsible, Special Rules. Unrealistic schedules create real-life problems. However, termination for late delivery can:.
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Besides zako, mediation is another alternative dispute resolution method accepted in Serbia. Legal services for multiple real estate-related projects in Serbia pertaining to construction contracts, leases, property issues, conversion of right of use on the land into ownership, demolition, due diligence, and purchase contracts. However, the contractor will be liable only if it would have been possible to notice the deficiency when checking the project.
Deadline for notification of building deficiencies.