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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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Construction contract in Germany
Vitásek, Stanislav ; Kaláb, Tomáš (referee) ; Marková, Leonora (advisor)
This work deals with the bid price for a development project base on the construction of houses funded by a private German investor. The bid price create with help of budget in a various structures. The various structures of the budget, which use in German environment usually. Specifically, it uses the norm DIN 276 and classification StLB includes software. The main target of my diploma thesis is suggestion for create the bid price. The suggestion with choose form and manner of valuation build works, which respect all legislation for realization construction in Germany.
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Possibilities of more efficient procurement of project documentation under the new Public Procurement Act
Lacinová, Tereza ; Krejza, Zdeněk (referee) ; Dufek, Zdeněk (advisor)
The bachelor thesis describes the possibilities of more efficient awarding of project documentation according to the new Act on Public Procurement. The theoretical part is focused on project work in construction, quality of project documentation, Act No. 134/2016 Coll., On Public Procurement, Effective Building Investments, Building Life Cycle, Evaluation Criteria for Designer Selection, Responsibility for Project Documentation, BIM and foreign experience with reforms. The practical part deals with the design of optimal qualifications and evaluation criteria when selecting a designer.
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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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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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International contracts for supply of industrial works
Polívková, Kamila ; Dobiáš, Petr (advisor) ; Růžička, Květoslav (referee)
This thesis aims to present the terms industrial works and industrial construction and issues relating to defining them. It furthermore focuses on summarization of characteristics and particularities of selected principal international documents, which deal with the topic of international contracts on supply of industrial works (FIDIC standard forms of contract, UNIDROIT Principles of International Commercial Contracts and Legal Guide on Drawing Up International Contracts for the Construction of Industrial Works issued by UNCITRAL) and regular parts typically contained in the international contracts on supply on supply of industrial works, especially in relation to dispute settlement and arbitration. The thesis furthermore addresses competition law issues relevant to the international supply of industrial works. This thesis is, in logical sequence, divided into five chapters, including the conclusion. The first chapter defines essential terms - industrial works and industrial construction and international contract on supply of industrial works. Second chapter deals with international organisations of importance in respect to international contracts on supply of industrial works. Third chapter follows up by analysis of arbitration agreements and prorogation clauses in international industrial...
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