Agreement and Schedule of Conditions of Building Contract for Use in the Hksar

The law of obligations is the main source of legislation that regulates contracts for the design or execution of buildings. The provisions of the law of obligations govern all contractual obligations in that country. The interpretation and direction of contracts generally derives from long-established common law principles through the development of case law in court decisions. Tort, a set of common law that can impose obligations on parties outside the terms of the contract (unless they are limited by the terms of the contract), for example, tort law may regulate the liability of the parties for negligence. Dubai, which is part of the Federation of the United Arab Emirates, is bound by both federal laws and laws specific to the Emirate of Dubai. Construction-specific laws consist of federal and Emirati laws and regulations. The most important federal law is Federal Law No. 1 of the Civil Code of 1985 (as amended) (hereinafter the “Code”), which contains the general principles of the contract as well as a section on the Muqawala specifically related to construction-related issues. Two sets of laws govern the substantive legal relations between the parties to a construction contract: however, if a contracting authority seeks to appoint an architect for a public (design) service contract, it must comply with the rules of the above-mentioned Law of 17 June 2016 on Public Procurement, as well as its respective Royal Implementing Regulations. In addition, the Building Control Act B.E.

2522 (1979) and the associated Ministerial Decrees (collectively, the BCA) the specific sources of law governing the building permit application procedure, building restrictions, safety, fire protection and various other aspects. Therefore, the BCA must be carefully considered by developers or contractors before starting the construction of a building. Contracts for the supply of works, including the supply of works, as well as the provisions of general contract law (as governed by Articles 1101 to 1369 of the Belgian Civil Code), are mainly subject to Articles 1787 et seq. of the Belgian Civil Code. For example, the latter article governs the liability of the contractor or developer and the architect and also deals with the case of unilateral termination of a contract. At the time of writing, a new Belgian Civil Code is about to be transposed, but the parts of the general law on contracts and special contracts (e.B construction contracts) have not yet been adopted. With the exception of standard forms, construction contracts must not contravene the provisions of the relevant laws contained in the Planning and Development Acts, the National Building Code of 2006, the National Agency for the Enforcement of Environmental Standards and Regulations Act 2018 (as amended), the Environmental Impact Assessment Act, 1992, the 2007 Law on Public Procurement and other laws governing professionals working in the construction sector. such as the Cap B13 LFN 2004, the Engineers Registration Act 2019, the Cap Q1 Quantity Surveyors Act 2004 and the Architects Registration Act Cap A19 LFN 2004. Federal regulations on health, safety and quality of construction (including regulations on hygiene, environment and fire protection) are contained in Federal Law No. 384-FZ of 30 December 2009 (“On Technical Regulations for the Safety of Buildings and Structures”) and various regulations on the safety of buildings and structures issued by the Government of the Russian Federation and the competent federal authorities. Public procurement is essentially governed by the law of 17 June 2016 on public procurement, but also by a (separate) law of 17 June 2016 (on State concessions), the law of 17 June 2013 (on procedure) and the law of 13 August 2011 (defence contracts), as well as by a number of royal decrees. Considering that public procurement law is to a large extent a transposition of European directives, the most important principles of European law (e.B.

non-discrimination; the free movement of persons, goods, services and capital) as well as the directives themselves, if they deviate from the Belgian transposition. The main source of law is the Hungarian Civil Code (Law V of 2013), which contains the general provisions on contracts for the planning and execution of works (and contracts in general). As a rule, these provisions are permissive, so the parties (such as employers, contractors, etc.) are free to deviate from the rules contained in the Civil Code. While the provisions of the Civil Code apply automatically, the application of vob/B must be expressly agreed as an integral part of the contract between the parties. However, a simple civil code contract is rarely used for complex construction projects. Since 1. January 2018, the Civil Code defines a construction contract, a construction contract for the general public, an architect and engineer contract as well as the real estate developer contract and provides for special provisions for each of these contracts. For the first time, construction contract law has been codified as a separate area from law, taking into account the complexity of the construction process and its specific requirements. The above laws and regulations are supported by other sources of law such as construction industry practices and relevant jurisprudence. Hong Kong is a common law jurisdiction, which means that the law is derived from the decisions of judges and developed by the courts.

Hong Kong also has laws that regulate construction and construction safety issues. In Hong Kong, construction law consists of five main legal acts: the main sources of law that govern and govern contracts for the design or execution of works are the various standard documents agreed and developed by cooperative contractors and builders. Depending on the type of work performed, different standard documents apply. For example, NS 8405 is designed for a contractual relationship in which one party (the contractor) undertakes to perform construction or civil engineering work for another party (the customer), with most drawings, descriptions and calculations to be provided by the customer. NS 8407, on the other hand, is a classic design and construction (D&B) procurement document. Fairness is a set of legal principles that provide for a discretionary power used by judges to obtain a just and reasonable result in order to avoid the injustice that could result from the strict application of the common law. Just principles are elaborated by case law. In the context of construction contracts, fair rights of withdrawal, rectification, return and compensation often appear. The announcement of the National Peace Council and Ordinance No. 3/2559 suspend certain restrictions within the framework of the general urban and national plans in order to exclude the application of the Law on Urban Planning and the control of construction in the area of the special economic zone by allowing the construction of industrial facilities in the areas designated as special economic zones (SEZs).

The provinces have been designated as SEZs and are Chiang Rai, Kanchanaburi, Mukdahan, Nakhon Phanom, Narathiwat, Nong Khai, Sa Kaeo, Songkhla, Tak and Trat. .

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