1 / 9

The European Society of Construction Law (ESCL)

The European Society of Construction Law (ESCL). Construction contracts By Attorney Peter Wengler-Jørgensen. Construction contracts. Regulation in Denmark AB 92, ABT 93, ABR 89 Agreed documents Agreed upon by parties within the industry – representatives from all sides

kare
Télécharger la présentation

The European Society of Construction Law (ESCL)

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. The European Society of Construction Law (ESCL) Construction contracts By Attorney Peter Wengler-Jørgensen

  2. Construction contracts • Regulation in Denmark • AB 92, ABT 93, ABR 89 • Agreed documents • Agreed upon by parties within the industry – representatives from all sides • Only applies if agreed upon by the parties to the contract • AB 92 • Standard conditions for work and deliveries in construction • Originally AB 52, revised in 1972 and in 1992 • Used in almost every construction contract in Denmark • The public sector is obligated by law to use AB 92 when they put construction contracts out to tender (both national and international) • Most of the conditions are used as general rules within construction law

  3. Construction contracts • ABT 93 • Standard conditions for turnkey contracts • Issued in 1993 • Not as widely used as AB 92 • ABR 89 • Standard conditions for technical consultancy services in regards to construction • Originally ABR 75, revised in 1989 • Widely used by architects and engineers

  4. Construction contracts • Agreed documents • Advantages • Flexibility - the conditions can be altered by the parties when needed • A balance of both parties’ interests • Customised for the reality of construction • Accepted by the parties as reasonable and practicable • Disadvantages • Legislation might be better to ensure full compliance • Legislation might be better to ensure political guidelines and safeguards • Consumer safeguards

  5. Construction contracts • International construction contracts • FIDIC general conditions • Issued by the International Federation of Consulting Engineers (FIDIC) • Different books • FIDIC Conditions of Contract for Construction (Red book) • FIDIC Conditions of Contract for Plant and Design/Build (Yellow Book) • FIDIC Conditions of Contract for EPC Turnkey Projects (Silver book) • FIDIC Short Form of Contract (Green book) • FIDIC Conditions of Contract for Design, Build and Operate Projects (Gold book) • Has a wide application area and is used worldwide

  6. Construction contracts • International construction contracts • FIDIC general conditions • Advantages • Flexibility • The different books are customised for different types of contracts • Reasonable risk allocation between the parties • Provides uniform conditions worldwide

  7. Construction contracts • Construction contracts within the European Union • Currently no legislation or general conditions applicable specifically within the European Union • European Commission • Has suggested to work towards a European Contract Law to support economic activity within the internal European Market • Green Paper from the Commission 1. July 2010 • Different suggestions in regards to the legal nature of the instrument of European Contract Law • Publication of the results of the Expert Group • Regulation establishing a European Contract Law and European Civil Code

  8. Construction Contracts • Construction contracts within the European Union • General conditions such as FIDIC and AB 92 • More advantages than disadvantages • Good experiences with FIDIC and AB 92 • Can be specifically tailored to different types of contracts such as the FIDIC books • Would be customised for the reality of construction • Would most likely be accepted by the parties as reasonable and practicable • Would provide the European Union with uniform guidelines, that could further construction contracts within the internal market

  9. Construction Contracts • Construction contracts within the European Union • Consumer contracts • Legislation would probably be better to ensure consumer safeguards • Small companies • Do not have the same bargaining power • Might be a need for legislative safeguards • Legislation could be used within these specific areas

More Related