Overview of construction law posts from this spring

Law Firm ALTERNA’s attorney-at-law and partner Siret Siilbek writes in her legal blog posts about force majeure in construction contracts, construction warranty, submitting defences to warranty and expiry of claims against designer.

The emergency situation in Estonia raised questions about force majeure in construction contracts. Siret explains that not all kinds of force majeure can excuse the non-performance of a contract, only such that actually and objectively prevents the fulfilment of a contract. Whether limiting the spread of infectious disease can be considered force majeure that excuses non-performance of a contract, find out here: https://addenda.ee/vandeadvokaat-siret-siilbek-vaaramatu-joud-ehituslepingutes

Since the entry into force of new Building Code in 2015, the customers are no longer protected by construction warranty provided by the law. Thus, it is important to agree upon the conditions of warranty in construction contracts for services. Siret explains the legal nature of warranty and shares valuable advice about drafting a warranty contract. Read more here: https://addenda.ee/vandeadvokaat-siret-siilbek-garantii-olemus

It is often disputed how to successfully impede the realisation of warranty. Siret explains that in particular, it is possible to submit defences arising from the warranty itself or submit a defence about misuse of warranty. Read more about possible defences and how to prove misuse of warranty here: https://addenda.ee/vandeadvokaat-siret-siilbek-garantii-vastuvaited

Among other legal blog posts this spring, Siret also writes about design contracts – more specifically about expiry of claims submitted against designer. If the lack of conformity of construction project causes non-conformity of the building, the law foresees a limitation period of five years. Siret explains how to count the five-year expiry period. Read more here: https://www.addenda.ee/vandeadvokaat-siret-siilbek-projekteerija-vastu-esitatavate-nouete-aegumine.

Questions related to this post can be discussed with Siret by e-mail siret@alternalaw.ee or by calling +372 680 6850.

Law Firm ALTERNA