In addition to these two main sources of law, there are many other federal and Abu Dhabi-specific laws that not only deal with construction contracts, but often affect those contracts. For example, the Labour Code (Federal Act No. 8 of 1980 (as amended)), which regulates employment matters. The United States has three branches of government: judicial, legislative, and executive. Each branch contributes to the legal body that regulates planning and construction contracts. These main sources of law are customary law, statutory law, and regulatory and administrative law, which are described below. A construction project may be subject to different laws, depending on, among other things, whether the project is private or public, in which jurisdiction the project is located and what type of project exists. 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. 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. The above laws and regulations are supported by other sources of law such as construction industry practices and relevant jurisprudence. Works contracts in Spain are mainly governed by the Spanish Civil Code (mainly Articles 1588 to 1600), which establishes the basis for the provision of construction services, and the Spanish Construction Law 38/1999 of 5. November 1999 (Ley de Ordenación de la Edificación), which regulates the construction process and defines the obligations and responsibilities of the various parties involved in the process. The Spanish Technical Building Code (Código Técnico de la Edificación) provides for technical standards for buildings. The law on urban planning of the region in which the property is located and the corresponding building regulations of the municipal administration must also be taken into account. There are a number of local regulations for construction designs and services in Nigeria. This regulation establishes the designs and building standards that owners/developers, architects and contractors must follow when carrying out construction work. General construction law is in principle subject to Dutch civil law as codified in the Dutch Civil Code. The Dutch legislator has created a separate section in the Dutch Civil Code for a number of special agreements, including specific provisions for general works contracts. In Ireland, the law takes the form of the Constitution, laws and legal instruments.
Laws and regulations generally govern a wide range of obligations and rights of the Parties with respect to arbitration, government procurement, health and safety, and criminal offences. The Urban Plan B.E. 2518 (1975) and the associated ministerial decrees are the specific sources of law for urban planning and land use. The National Environmental Quality Act B.E. 2535 (1992) and related ministerial decrees are the specific sources of environmental quality laws and environmental impact assessments. Therefore, it is also necessary that these laws be taken into account by developers and contractors before planning the development of a project. Depending on the use of the building to be constructed, other types of laws such as labour law or environmental law may apply. The main source of law governing the planning and execution of private works is the Italian Civil Code and in particular Articles 1655 et seq., Law 1150/1942 and Presidential Decree 380/2001. Hong Kong is a common law jurisdiction, which means that the law is derived from the decisions of judges and is 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 entities: the interpretation and orientation of contracts is generally based on common law principles that have long been established 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. 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. Due to their uniqueness and technical details, designs and construction contracts usually contain standard conditions and reflect the agreed construction process in uniform standard forms. 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. Given the fact that the Public Procurement Act is to a large extent a transposition of European directives, the main principles of European law (e.g. non-discrimination. B, the free movement of persons, goods, services and capital) apply as well as the directives themselves if they deviate from the Belgian transposition. In Nigeria, the principles and practices of common law contracts govern and govern design and construction. In a design or construction contract, the foundations of common law agreements, parties, intentions, considerations, etc.
must be present. Many states in Nigeria have laws that govern treaties and whose laws are codifications of common law principles. Two legal systems govern the substantive legal relations between the parties to a construction contract: the Civil Code and the Commercial Code are generally considered the main source of law for individual contracts, including works contracts. Its provisions govern the obligations and responsibilities of contracting parties entering into construction contracts. The main sources of law that govern and govern contracts for the design or execution of works are the various model documents agreed and developed in cooperation between 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. In addition, Dutch construction law is created in detail by uniform framework conditions or unilateral framework conditions. For these Terms to apply, the parties must agree to these Terms, either expressly or implicitly.
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. The most important law that regulates and regulates contracts for the design and execution of buildings is the Contracts Law of the People`s Republic of China (1999). Contract law and its interpretations by the Supreme People`s Court contain rules for all aspects of contract law, including the following basic principles of the contract: The Croatian Law on Obligations (Zakon o obveznim odnosima, Official Gazette Nos. 35/05, 41/08, 125/11 and 78/15) regulates contracts for the execution of works (construction contracts), as well as work planning contracts, which are generally considered to be service contracts. In addition, the Code of Conduct for Construction, adopted in 1977, continues to be considered a source of customary law and is applicable in accordance with the general principles of the Croatian Law on Obligations if the contracting parties (if both are commercial enterprises) do not exclude it or, if individuals agree that it will become applicable. .
