The responsibility of the contractor for project deficiencies

Abstract

In this paper the author analyzes a civil law responsibility of the Contractor for project deficiencies resulting in reduced quality of the construction, i.e. not affecting its solidity. Primary obligation of the Contractor is to perform works in compliance with professional standards, the contract and the approved project. The Contractor cannot change the approved project at will, even when he has designed it. Hence, the question must be raised of the obligation of the Contractor to strictly abide by the project, assigned to him by the Authority, regardless of evident deficiencies of the Project and of his responsibility for performing works in compliance with the said project resulting in deficiencies in the construction, that is construction works. If the latter hypothesis is correct, then it must be established what deficiencies in the project fall under the responsibility of the Contractor (visible or hidden), i.e. the issue of dividing responsibility between the Project Designer and the Contractor in terms of the project deficiencies must be set up and solved. Finally, it is also important to define the realization of rights and duties of the Contractor in case the Contractor has to recede from the Project. In this paper the author tries to offer detail and complete answers to raised questions.

Keywords

• project deficiencies
• obligations of the contractor (professional care)
• receding from the project
• contractual responsibility of the contractor