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    Legal Definition of Defects in Construction-Related Areas

    Source: Journal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 014 ):;issue: 001::page 05021008
    Author:
    Elena B. Abrosimova
    ,
    Vladimir V. Mitrokhin
    ,
    Olga Yu. Orekhova
    ,
    Irina M. Sedelnikova
    ,
    Alla M. Yakusheva
    DOI: 10.1061/(ASCE)LA.1943-4170.0000513
    Publisher: ASCE
    Abstract: The 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.
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      Legal Definition of Defects in Construction-Related Areas

    URI
    https://yetl.yabesh.ir/yetl1/handle/yetl/4281758
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    • Journal of Legal Affairs and Dispute Resolution in Engineering and Construction

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    contributor authorElena B. Abrosimova
    contributor authorVladimir V. Mitrokhin
    contributor authorOlga Yu. Orekhova
    contributor authorIrina M. Sedelnikova
    contributor authorAlla M. Yakusheva
    date accessioned2022-05-07T19:52:02Z
    date available2022-05-07T19:52:02Z
    date issued2021-11-27
    identifier other(ASCE)LA.1943-4170.0000513.pdf
    identifier urihttp://yetl.yabesh.ir/yetl1/handle/yetl/4281758
    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.
    publisherASCE
    titleLegal Definition of Defects in Construction-Related Areas
    typeJournal Paper
    journal volume14
    journal issue1
    journal titleJournal of Legal Affairs and Dispute Resolution in Engineering and Construction
    identifier doi10.1061/(ASCE)LA.1943-4170.0000513
    journal fristpage05021008
    journal lastpage05021008-6
    page6
    treeJournal of Legal Affairs and Dispute Resolution in Engineering and Construction:;2021:;Volume ( 014 ):;issue: 001
    contenttypeFulltext
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