General Rules in Works Contracting
Tomme: LVI (LX) Fascicle: 4 | 2010
Pages: 67-72
Abstract text:
The profession of constructor (builder) involves a great responsibility on the part of the one who performs it in both the technical and legal aspect that it carries. The one who is called to answer for the quality and durability of construction is the contractor, irrespective of whether it is a natural person or legal entity. For the conclusion of a work contract the law provides that the contractor possess full legal capacity, so that it can meet the legal point of view, all obligations under the contract and to bear any consequences arising from the failure or non-correct / appropriate execution of construction works. The Romanian legislator has developed a series of normative acts in construction, stipulating the rights, duties and penalties for their failure. Contractual liability of the contractor is involved both in the non performance of the work and work defects, and this will be applicable according to the common law, respectively the penalty clause, liquidated damages, periodic penalty payments.
Key Words:
works contract; contractor; responsibility; working; defects.
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