The concept of builder and its liability for the quality of the construction works in Lithuanian construction law

Abstract

A construction process, from the issue of a document allowing construction to signing a transfer-acceptance deed, involves a number of entities for which the law provides for different rights and duties. One of such entities is a builder (customer). The article discusses issues related with the establishment of the builder’s duties during the construction process and application of liability for failure to perform them or improper performance thereof. The concept of the builder (customer) is disclosed, and the builder’s civil liability for incompliance of construction works with the laws or provisions of the works contract, as well as late performance of construction works are analysed. It is analysed how to identify correctly a builder as one of the main entities of construction and to separate him from other participants of the construction process, such as head of construction or construction technical supervisor. The builder’s duties are analysed which improper performance has an effect on the quality of works carried out by the contractor, also issues raised in the Lithuanian case-law are discussed.