„Legal Aspects of the construction works agreements - application and examples of practice in light of the provisions of civil law”

„If something can happen, it certainly will happen”

Purpose of workshops - the objective is to provide knowledge on the legal basis of the construction works agreement in the light of regulation of the Civil Code and Building Law which is necessary for anyone working in the construction branch on every day basis - both for the investor and the contractor. Theoretical issues are illustrated with examples from practice, problems and cases from the experience of participants are also discussed. The content is also useful for insurance companies and companies which finance construction works.

1. Introduction - the formula of the workshop

presentation of workshop technique,

introduction of the lecturer,

aim of workshop

 

2. Construction Works Agreements as separate type of agreement governed by provisions of Civil Code (articles 647 – 658 Civil Code)

2.1. Construction works in the light of Civil Code and building regulations

3. Conclusion of Construction Works Agreement

3.1. The form of Construction Works Agreement

3.2. Types of construction works agreements

4. Entities participating in the investment process

4.1. Parties to the construction works agreement - rights and duties

4.2. Case study 1study of acceptance activities of typical construction works on the example of facts of the case of renovation works for housing community – discussion

4.3. Case study 2study of acceptance activities of typical construction works of large shopping mall – discussion

4.4. Other participants of investment process – duties

5. Payments in the investment process

5.1. The rules for determining remuneration

5.2. Case study 3 - study based on judicial decisions of the Supreme Court resolution of 6 May 2004 concerning the possibility of increasing the agreed lump-sum fee in the agreement - discussion

5.3. Act of 9 July 2003 on the guarantee of payment for public works contracts - review of adequacy - why the act does not work in practice?

5.4. Draft of amendments to the legislation in respect of guarantees of payment due amount in the investment process - basic information about the ongoing legislative process – concept of changes

6. Liability of the participants in the investment process

6.1. The liability of an investor - with particular emphasis on the responsibility for payment of salary - article 6471of Civil Code.

6.2. The liability of the contractor and subcontractors

6.3. Case study 4 - Example of withdrawal from the construction works agreement due to significant flaws in building construction – discussion

6.4. Case study 5 - study example - is the contractor of the construction works for which he grants 3-year warranty responsible for defects in workmanship discovered after 5-6 years? – discussion

6.5. The responsibility of the designer and construction site manager

6.6. Case study 6 - study of one of the most famous construction disasters in Poland – discussion

7. Discussion

The legal expert is available to participants - possibility to discuss on the forum or individually past and current problems of the participants

Kancelaria Prawna 90-060 Łódź, ul. Nawrot 4/1, tel./fax +48 /42/ 630 58 41, tel. +48 /42/ 632 51 44, kancelaria@b2blegal.pl
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