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dc.contributor.authorElena B. Abrosimova
dc.contributor.authorVladimir V. Mitrokhin
dc.contributor.authorOlga Yu. Orekhova
dc.contributor.authorIrina M. Sedelnikova
dc.contributor.authorAlla M. Yakusheva
dc.date.accessioned2022-05-07T19:52:02Z
dc.date.available2022-05-07T19:52:02Z
dc.date.issued2021-11-27
dc.identifier.other(ASCE)LA.1943-4170.0000513.pdf
dc.identifier.urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4281758
dc.description.abstractThe article raises the problem of clarity of the definition of a defect used in contractual and noncontractual relations in construction. The definitions were considered in the framework of Russian, Swiss, European, and international legislation. The aim of the research was to classify this definition to distribute the burden of liability between the parties of the construction contract. The following methods were applied: analysis of the United Nations Convention on Contracts for the International Sale of Goods and evaluating its compliance with ISO quality management systems standards; analysis of the definition of flawed products in Council Directive 85/374/EEC; method of looking at nearby legislation; and analysis of requirements of international contract forms. Based on the definitions of a defect in different official documents, the authors propose a classification that represents a practical result. The following terms were recommended to use: absolute defect as a violation of mandatory technical or consumer requirements of the object, and relative defect as a noncompliance with contractual requirements but compliance with the requirements for the quality of the object.
dc.publisherASCE
dc.titleLegal Definition of Defects in Construction-Related Areas
dc.typeJournal Paper
dc.journal.volume14
dc.journal.issue1
dc.journal.titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
dc.identifier.doi10.1061/(ASCE)LA.1943-4170.0000513
dc.journal.fristpage05021008
dc.journal.lastpage05021008-6
dc.page6
dc.treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 014 ):;issue: 001
dc.contenttypeFulltext


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