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Design-Build Delivery Method and its Respective Application in the Czech Republic
Paníček, Patrik ; Korytárová, Jana (referee) ; Klee, Lukáš (advisor)
This Diploma thesis follows up the award of public contracts using the Design-Build method. The first part focuses on the description of individual procurement methods and their advantages and disadvantages. In addition, the basic types of FIDIC terms and connditions are compared here. The second part describes and evaluates the terms of reference for specific projects commissioned by Design-Build in the Czech Republic. There is also a questionnaire survey that examines the viewpoints, knowledge and experience of contracting authorities with this method.
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Dispute Resolution in Construction Projects according to FIDIC Contract Forms
Štolba, Petr ; Klee, Lukáš (advisor) ; Horáček, Tomáš (referee)
and Keywords Dispute Resolution in Construction Projects According to FIDIC Contract Forms The aim of this work is to provide an overview and analysis of individual dispute resolution mechanisms offered by FIDIC contract models. There have always been disputes in the construction industry, and it is certain that there will be disputes also in the future. These disputes often have their origins in poorly drafted contracts or in a lack of respect for the contracts as they exist. If a dispute arises, it must be resolved quickly and at minimal cost. Therefore, it is necessary that contracts contain an effective tool for dispute resolution. The FIDIC models contain this tool as an elaborate multi-stage dispute resolution system, which is presented in the context of Czech law and legal theory in four parts of this work. The first part contains a general introduction to the issue of the construction project, the world of FIDIC, and the introduction of individual models of FIDIC contracts. In the Czech Republic, the most frequently used FIDIC contract models for the adjustment of the relationship between the client and the contractor are the models from the 1999 rainbow suite; therefore the work emphasizes the introduction of their internal organization and individual instances in dispute resolution. The...
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Adjudication as a method of dispute resolution in international construction projects
Dvořák, Jaroslav ; Klee, Lukáš (advisor) ; Pauknerová, Monika (referee)
Adjudication as a method of dispute resolution in international construction projects Abstract The subject of this thesis is an analysis of the use of adjudication as a relatively new, and in the Czech environment not yet well-studied, method of dispute resolution concerning a range of disputes arising between the subjects of contractual relationships in the field of construction projects containing a foreign element. The focus on so-called international construction projects reflects the current trend of expansion of construction entrepreneurs into foreign markets and the formation of multinational groups of construction entrepreneurs. This trend brings construction entrepreneurs into the environment of international business relations, where the presence of foreign element conditions the need to choose or determine the applicable law of a given contractual relationship using the conflict of laws principles. Adjudication is defined in this thesis as an alternative method of dispute resolution in which a dispute is submitted to an expert (or more often a group of three impartial and independent experts) specialized in the given area of the subject matter of the dispute, vested with the power (given by contract or by law) to decide the dispute between the parties in an interim binding manner while retaining...
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Variation of obligation envisaged in construction contract
Táborský, Arnošt ; Klee, Lukáš (advisor) ; Brodec, Jan (referee)
Thesis title: Contractly anticipated obligation changes of construction contract Abstract This thesis aims to provide a comprehensive evaluation of obligation changes in construction contracts for investors from both private and public sectors with regard to the decision-making activities of control and judicial bodies. Furthermore, its purpose is to determine the good practice of obligation changes in construction contracts. The first chapter describes the general regulation of the obligation law, contract for work and special modifications to the construction contract. All of the above is regulated in the Civil Code. The next chapter deals with the regulation of public procurements where the development of current legislation is described. This legislation is based on the case law of the European Court of Justice, especially in the Pressetext judgment. Furthermore, the chapter addresses current opinions on obligation modifications to public procurement. The thesis further describes individual change processes of commonly used model contractual standards - Red and Yellow Books issued by FIDIC international organizations. These mechanisms include variations - necessary changes to the work and value engineering that improve the work or are otherwise beneficial to the ordering party, based on the experience...
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Changes to obligations in construction contracts
Strádal, Milan ; Klee, Lukáš (advisor) ; Hurychová, Klára (referee)
Modifications of Contractual Obligation at Construction Contract Abstract This thesis deals with the issue of the modification of the obligation arising from a pub- lic contract. Attention is paid especially to public works contracts, specifically for major infrastructure projects for the construction of roads and motorways. The interest is fo- cused mainly on the Road and Motorway Directorate of the Czech Republic, as one of the most important public contracting authorities. The view on the modification of the contractual obligation is put in context with the FIDIC conditions of contract, which the Road and Motorway Directorate of the Czech Republic has been successfully used in its contractual relations for many years. The core of the thesis is an analysis of the issue of the so-called substantial mo- dification of the obligation, following the pressetext judgment, and individual types of the modification of the obligation not considered substantial according by section 222 of Act No. 134/2016 Coll., on Public Procurement. There is also commentary on the com- pliance of this currently effective legislation with Directive 2014/24/EU of the Euro- pean Parliament and of the Council and the changes compared to the provisions in Act No. 137/2006 Coll., on Public Procurement. The public contracting authority's...
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Changes and claims under FIDIC commercial terms in the context of the Civil Code and public procurement law
Mundl, Petr ; Klee, Lukáš (advisor) ; Růžička, Květoslav (referee)
Changes and claims under FIDIC commercial terms in the context of the Civil Code and public procurement law FIDIC commercial terms are one of the most popular commercial terms in construction all over the world. Its regulation of Variations and Claims during the constructions works is certainly very important for successful progress of the construction. However, in the context of the Czech Civil Code and public procurement rules, there can raise issues of applicability of such regulation under FIDIC in Czech law environment and also compliance with public procurement regulation. The aim of this thesis is an analysis of applicability of Variations and Claims under the FIDIC regarding to the Czech Civil Code and public procurement rules. After an introductory part, the thesis is divided into four main chapters. The first chapter describes the FIDIC Federation and history of its commercial terms. The second chapter outlines basic description of Variations and Adjustments and Claims and connected questions including the procedure issues. Following two chapters are the main parts of the thesis. The third chapter is focused on Variations and Adjustments and Claims under the FIDIC commercial terms regarding the Czech law environment and recently adopted Civil Code. The last chapter is focused on public...
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FIDIC Conditions of Contract and their Application in the Czech Republic
Černý, Ondřej ; Dobiáš, Petr (advisor) ; Klee, Lukáš (referee)
FIDIC Conditions of Contract and their Application in the Czech Republic Resume in English The goal of this thesis is, mainly by the mutual comparison, to describe the differences between each kinds of contractual forms of FIDIC and also to put the main forms into the context of their application in Czech Republic, especially by enumeration of examples of some modifications which are made through the Particular Conditions by various public employers, including the general assessment of such modifications. The basic structure of the thesis consists of two main sections, which are split into the four chapters. The content of the thesis goes from the general description of the contractual forms of FIDIC, including the brief description of organization's history, thru the international contextualization of its forms and general introduction to their application in Czech Republic, to the comparison and description of the application of each chapters of FIDIC forms in Czech and partially also in the Central Eastern European context. The first main section forms the general introduction into the issue of FIDIC forms by their basic description and by putting them into the context of similar contractual forms around the globe. This first section is split into three chapters, which describe the context of contractual...
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Variations and changes under FIDIC contractual conditions
Kalenský, Tomáš ; Klee, Lukáš (advisor) ; Horáček, Tomáš (referee)
The main aim of this thesis is to analyze variations and adjustments under FIDIC contractual conditions, especially in relation to the private law limits of the Czech legal order. The goal of this analysis is to answer the question whether variations as a special contractual institute are permissible and validly applicable in the framework of construction projects realized in the Czech Republic. The thesis is clearly divided into five main chapters, which are systematically structured from the general introduction to basic issues through the main analysis of variations and adjustments to specific examples of their use in practice. The first and the second chapters briefly present the FIDIC organization and its issued sample contractual conditions, with a brief discussion of most of the sample books. The contractual conditions are also set in the context of Czech law, where emphasis is placed on distinguishing the business terms from FIDIC contractual conditions. In this chapter, the examples of use of the individual sample books in the Czech Republic are also mentioned. In the third chapter, the institute of variations and adjustments according to individual sample books is analyzed in detail. With the exception of the general description of the variation process, the thesis is focused on a...
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Red Book FIDIC contractual terms and conditions and their use by public investors in the Czech Republic
Galousková, Simona ; Horáček, Tomáš (advisor) ; Klee, Lukáš (referee)
RED BOOK FIDIC CONTRACTUAL TERMS AND CONDITIONS AND THEIR USE BY PUBLIC INVESTORS IN THE CZECH REPUBLIC Abstract This thesis is focused on the application of the Red Book FIDIC contractual conditions in relation to the realization of transport infrastructure, namely the Road and Motorway Directorate of the Czech Republic and the Railway Infrastructure Administration. With regard to Czech legislation, particularly in the area of public procurement, the Red Book FIDIC terms and conditions are changed through special contractual conditions. The terms and conditions of the special contractual terms are compared not only with the general contractual terms and conditions but also with the concept of the special contractual terms of the investors themselves. The thesis is divided into 13 parts. Firstly, the International Federation of Consulting Engineers (FIDIC) is introduced, followed by the Czech Organization of Consulting Engineers (CACE). The second part of the thesis introduces the investor, the client, as the client according to the Public Procurement Act, therefore the work in this section briefly introduces the legislation of public procurement in the Czech Republic. The next part of the thesis introduces the contractor as the other party to the contract, including subcontractors or associations of...
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Design-Build Delivery Method and its Respective Application in the Czech Republic
Paníček, Patrik ; Korytárová, Jana (referee) ; Klee, Lukáš (advisor)
This Diploma thesis follows up the award of public contracts using the Design-Build method. The first part focuses on the description of individual procurement methods and their advantages and disadvantages. In addition, the basic types of FIDIC terms and connditions are compared here. The second part describes and evaluates the terms of reference for specific projects commissioned by Design-Build in the Czech Republic. There is also a questionnaire survey that examines the viewpoints, knowledge and experience of contracting authorities with this method.
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