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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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