Construction contracts

On September 11, 2019, the Academy of Justice within the CTP organized a training on “Construction Contracts”.

The purpose of this training was to advance the knowledge of judges in the application and interpretation of contractual provisions for the settlement of disputes arising out of a business relationship created through these contracts and of judicial practice in accordance with international and European standards.

The first part of the training covered: Understanding the construction contract and the contract for engineering and their specifications, characteristics of the public construction contract, general terms and conditions of the contract, turnkey clause, price changes due to changes in the market and legal procedures in protecting the rights of business parties in disputes arising from non-performance of these contracts.

In the second part were treated the ways and criteria for evaluating specific elements in the case of claims for non-performance or contestation of the validity of these contracts were discussed.

On the occasion of this training it was emphasized that construction contracts and contracts for the development of construction projects (engineering) have actually found great use in the field of construction given the phase of site reconstruction. Public sector construction contracts are also widely used. When conducting business in the international field, companies often apply the contracts to which the Convention on the International Sale of Goods applies, while in the case law it was further emphasized that the number of disputes arising from these contracts is considerable, with an increasing tendency.

During this training, cases were analyzed from case law and there were interactive discussions, breaking down the applicable legal provisions that regulate this area.

Beneficiaries of this training were judges of the Department of Economic and Administrative Affairs of the Basic Court in Prishtina and the Court of Appeal as well as judges of general departments - civil divisions of basic courts.