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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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Variations under FIDIC contractual conditions and their applicability in the Czech legal order
Kalenský, Tomáš ; Horáček, Tomáš (referee)
Variations under FIDIC contractual conditions and their applicability in the Czech legal order Abstract The main aim of this thesis is to analyse the applicability of variations under FIDIC contractual conditions (especially regarding their modifications in the Red Book) in the Czech legal order, both from the point of view of private law and public procurement law. Based on this analysis, it should be ascertained whether variations as a sui generis contractual institute are validly applicable in the construction projects realized in the Czech Republic. The thesis is divided into seven chapters, which are systematically structured from the general description of variations under FIDIC contractual conditions through the analysis of variations in Czech private law and public procurement law to the practical part with specific examples from the Czech legal environment. The first and second chapters describe the institute of variation itself, which also reflects the differences and the specifics of each sample book. The main reasons for the need for variations and the three main ways of initiating variations, including their administration and approval processes, are also described in these chapters. The third chapter introduces to claim as another specific contractual institute under FIDIC 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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