Suchergebnisse

This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.

International projects and other cross-border activity have become a common part of the European construction scene. As well as opportunities, this phenomenon brings challenges and risks. It has become vital for those working outside their own national boundaries to have some appreciation of the legal environment in which they are operating, not as a substitute for specialist legal advice, but as a basis for understanding. 00This book, prepared under the auspices of the 'European society of Construction Law', contains accounts of the law of twelve major European jurisdictions in Ưrelation to a range of construction matters. Some are general, such as standard form contracts and sub-contracting, and the respective obligations of employer and Ưcontractor. Others are specific aspects of contractual performance: the duty to warn, payment, subsoil conditions, delay and disruption and liquidated damages. Issues of liability and dispute resolution are also considered. 00The work offers students and practitioners the opportunity to make Ưcomparisons between different approaches to common construction law issues in the Ưjurisdictions represented. These are: Belgium, The Netherlands, Denmark, Romania, France, Slovak Republic, Germany, Sweden, Greece, Switzerland, Italy and United Kingdom

The new Construction Law and others Construction Regulations come into force more than four years ago, but there is still actual process of definition of responsibility in construction.The aim of paper is to summarize and analyse information about how responsibility in construction has changed and are going to change to define it distinctly.There are used methods of historical, teleological, systematic text condensation, analysis and comparative analysis for research, analyse and summarize information about how responsibility in construction has changed and are going to change to define it in normative acts.The main conclusion shows that now there is not clearness about responsibility of every person in construction, but there are made legislative amendments of Construction Law and General Construction Regulations to define responsibility more distinctly. From 01.01.2020. there will be in force new Law of administrative responsibility what will allow to inflict penalty for longer time.

The problems and prospects of development of the modern Georgian Construction Law are reviewed in the article. Negative tendencies of the construction coefficient trading and negative influence of the above practice in the urban construction are discussed as a problem. In connection with the above, the non-uniform court practice makes the vague legal grounds of coefficient trading even more obscure. The article reviews the legislative changes aimed at bureaucracy reduction imple- mented in the Georgian Construction Law which brought negative results in addition to positive aspects. In particular, the authorities issuing permits do not approve the structural designs, do not evaluate the competence of the geological survey and more importantly, the quality of construction materials is not checked. Within the framework of the same reform, the regulation obligating to observe the standards of sun exposure and natural lighting for adjacent buildings during construction was revoked since 2008. It is mentioned in the article that the above deregulation, as well as vague legislative regulations cause devaluation of the cost of adjacent buildings of the construction. The authors of the article equalize this fact to indirect expropriation with the difference that no compensation is paid for restoration of their rights and the affected citizens have to engage in procrastinated litigations. Precedents from the court practice are reviewed in the article on this issue which make it clear that the documents issued by administrative authorities are often unsubstantiated. The prospects of the reform of the Georgian construction legislation and Code of Spatial Planning and Construction of Georgia are reviewed in the article.

This article will review recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion will include legislative amendments to the Code of Virginia ("Code") by the General Assembly promulgated in 1990 and the first half of 1991, as well as important cases on construction law decided by Virginia's state and federal courts for the last half of 1989, 1990, and the first half of 1991.

If European action is necessary for the unification of liabilities in the European construction industry, it may be wiser to commence Community action by focusing on the specific interests of private consumers rather than seeking to develop a European Code covering all aspects of private construction law. The aim of this paper is to explain my preference for this focused approach and, by comparing the current state of the Law in England and in France, to establish the points of convergence that could constitute the basis of European intervention in that field. I will specifically deal with the differing approaches taken by both countries to identical social problems. In conclusion, I suggest a dual approach to harmonisation in the housing construction sector. After having fixed, in a European legislative instrument, the objectives of the substantive minimal protection that every consumer should be able to enjoy across Europe, Member States should be encouraged to provide self-regulatory bodies – or potentially even one international self-regulatory body at the European level - for the attainment of these objectives. This "co-regulation" mechanism, applied to my comparative study of French and English consumer protection in the housing sector, suggests that very few modifications at a national level in both countries would be required to meet the suggested harmonisation. ; Peer reviewed

This article reviews recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion includes amendments to the Code of Virginia promulgated by the General Assembly in the 1992 and 1993 legislative sessions, as well as important cases dealing with construction law issues decided by Virginia's state and federal courts in 1992 and the first half of 1993.