dr Hanna Drynkorn
FIDIC: Is the contract engineer an agent for the investor?
11.06.2015
Supreme Court, public procurement
The engineer’s task is to take necessary measures to ensure that the contract is performed correctly and on time. But not all actions by the engineer will directly affect the investor’s own rights and obligations.
FIDIC contract engineer must be impartial
23.04.2015
public procurement
Proper exercise of the function of contract engineer is crucial for the success of any construction project. The scope of the engineer’s obligations and the impartial attitude required of the engineer toward issues arising on the construction site are also reflected in the rights of the parties to the contract.
Subcontracting and reliance on third-party resources
22.05.2014
public procurement
The content of a procurement subcontract is shaped not only by the intent of the parties, but also by the Public Procurement Law, the Civil Code, the terms of reference for the procurement, and the actions taken by the contracting authority.
Refund of bid bond may be sought before civil court
20.02.2014
Supreme Court, public procurement
The Supreme Court has ruled that cases seeking refund of a bid bond lie within the jurisdiction of the civil courts, finally resolving doubts surrounding the legal recourse a contractor should follow to reclaim a deposit retained by the contracting authority.
High fees for review of National Appeal Chamber rulings are constitutional
16.01.2014
Constitutional Tribunal, public procurement
In public procurement proceedings, a party dissatisfied with a ruling of the National Appeal Chamber will still have to pay high fees for judicial review.