In the case of completed projects, it would be desirable to verify that the contracts have been properly performed as acts and do not contain clauses to modify the limitation period. Practical certificates of completion should also be found to know when time began to run. It would be desirable to maintain an appropriate recall system to ensure that all relevant measures are taken before the expiry of the limitation period. This is especially important if a contract contains clauses that deviate from the usual statutory limitation period. Contracts for the supply of works, including the supply of works, as well as the provisions of general contract law (as governed by Articles 1101 to 1369 of the Belgian Civil Code), are mainly subject to Articles 1787 et seq. of the Belgian Civil Code. For example, the latter article governs the liability of the contractor or developer and the architect and also deals with the case of unilateral termination of a contract. At the time of writing, a new Belgian Civil Code is about to be transposed, but the parts of the general law on contracts and special contracts (e.B. construction contracts) have not yet been adopted. Works contracts in Spain are mainly governed by the Spanish Civil Code (mainly Articles 1588 to 1600), which establishes the basis for the provision of construction services, and the Spanish Construction Law 38/1999 of 5 November 1999 (Ley de Ordenación de la Edificación), which regulates the construction process and defines the obligations and responsibilities of the various parties involved in the process.

The Spanish Technical Building Code (Código Técnico de la Edificación) provides for technical standards for buildings. The law on urban planning of the region in which the property is located and the corresponding building regulations of the municipal administration must also be taken into account. In addition to these two main sources of law, there are many other federal and Abu Dhabi-specific laws that not only deal with construction contracts, but often affect those contracts. For example, the Labour Code (Federal Act No. 8 of 1980 (as amended)), which regulates employment matters. The Court concluded that this clause constituted an additional contractual limitation on the plaintiff`s standing. It did not provide for a plea after the practical completion and did not restrict the defendant`s right to rely on a legal exception to limitation period. It merely acted as a long-term stop date for the lodging of an appeal. The means of the contract arose when the fault which would have constituted the means arose. The clause did not have the effect of extending the limitation period to six years after its practical completion if it had otherwise expired earlier. Finally, it should be noted that the limitation period for contractual and negligence claims may be different. So, if you missed the boat within the contractual limitation period, all is not lost and it may still be possible to pursue a tort action.

While it may be better than nothing, pursuing a tort action may affect the amount of damages to which the plaintiff is entitled. However, this is a blog topic for another day. Today, I`m going to look at the impact of our proposed clause on breach of contract claims, but (spoiler alert!) the impact of this type of clause on tort claims could very soon be the subject of another blog. The law of obligations is the main source of legislation that regulates contracts for the design or execution of buildings. The provisions of the law of obligations govern all contractual obligations in that country. While the provisions of the Civil Code apply automatically, the application of vob/B must be expressly agreed as an integral part of the contract between the parties. However, a simple civil code contract is rarely used for complex construction projects. Since 1. January 2018, the Civil Code defines a construction contract, a construction contract for the general public, an architect and engineer contract as well as the real estate developer contract and provides for special provisions for each of these contracts. For the first time, construction contract law has been codified as a separate area from law, taking into account the complexity of the construction process and its specific requirements.

.