Construction Manager: the Concept and Peculiarities of Contractual Responsibility (article in Lithuanian)

Kristina Saukalienė

Abstract


This article deals with the peculiarities and legal backgrounds of a construction manager’s contractual responsibility. They are being analyzed through definition of construction management, functions of construction manager and his legal relationship with other participants in construction. Firstly the article overviews the origin of construction management in Lithuanian law system and gives evaluation of the legal correctness of its qualification. Then the article reveals the concepts of a construction management and construction manager representative, clears
their essence by reviewing selected aspects of national laws and the good practice of common law system countries. The responsibility of a construction manager as the owner’s representative, is compared to the responsibility of externally similar participant of construction process, to a general contractor performing no real works. The peculiarities of the construction managerʼs contractual responsibility are explained through the above mentioned differences and conclusions are based on national laws and case law. However, the good practice of the chosen foreign countries indicates that a clear distinction between a construction manager and a general constructor is a precondition for correct application of rules of responsibility to other participants for unperformed duties or caused harm.

Keywords


independent works; general construction; construction management; responsibility of construction manager; ownerʼs duty to coordinate; joint responsibility of owner and construction manager

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