Law Firm ALTERNA’s partner and attorney-at-law Siret Siilbek wrote an article in legal blog about the principle of expertise valid in constructional field.
Building Code paragraph 10 imposes a new principle of expertise in Estonian law concerning performing the construction work. Although, the construction work has to be always done professionally and proficiently, in new code the content of the principle is written explicitly is significantly wider than it was previously.
Siret brought out, that the principle of expertise should be emanated always by performing every kind of construction work, even if the work is been done for yourself. In this case the content of the principle of expertise is more lenient: it´s the duty of care, one´s obligation to ensure the safety and correspondence to the building requirements.
For the construction company in its economic and professional activity, the principle of expertise means also the obligation of explanation and co-operation. According to the obligation of explanation, the building company is obliged to explain important circumstances to the client. It coincides with established court practice, according to which only in case the contractor has brought to attention the problems and has waited the viewpoint of the contructing authority, the contractor will release its reliability from the damage caused by disadvantages of the project, the front taken over or the disadvantages in contracting authority´s instructions. Thereat, the court practice has gone even further: the contractor will not release from its responsibility, in case it has built a building that does not respond to the requirements stipulated in the acts.
Siret explained in her article, that for the construction company, in its economic and professional activity, the content of the principle of expertise is also the obligation of co-operation. What comes to larger sites, there are many contractors and the quality of the final result, reasonable use of resources and compatibility of different stages is possible only in case the contractors co-operate in reasonable way. The obligation of explanation and co-operation is also a part of the good custom in building field.
Earlier, the principle of expertise was regulated by building company´s registration in business register and by existing of responsible specialist. Inasmuch as, the responsible specialist was not legally responsible for the work being done and there was not assured that the person registered in business register will implement his knowledge in building site, the earlier approach has been abandoned. Now there is validated much more comprehensive principle of expertise, that is specified by the competent person´s regulation in Building Code.
The blog’s post is available here: http://www.addenda.ee/vandeadvokaat-siret-siilbek-asjatundlikkuse-pohimote
For further information related to the article, please contact Siret by e-mail email@example.com or by phone +372 680 6850.
Law Firm ALTERNA