Construction Defects and Problems of Owner Liability

Kristina Saukalienė

Abstract


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.

Keywords


independent construction work; contractual liability; construction defects; shared liability of owner and contractor

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236