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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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