Construction law
Construction law includes questions about rights and obligations between the person who orders the construction of a building or construction, the developer, and the person who undertakes to carry out the works, the contractor. Often, other parties will also act in a major building case; a construction manager who is usually a building technical consultant and who acts on behalf of the developer, and a building technical consultant may also be engaged to make calculations of strength ratios, etc. Questions about liability for delays and deficiencies arise not infrequently in connection with the contracts between these parties.
It is common for professional parties to enter into more or less standardised contracts based on standards from Norwegian Standards, including in particular NS 8405/8406 Norwegian Building and Construction Contract, NS 8407 Turnkey Contract and NS 8401 Design Assignments. Not infrequently, the parties disagree on both the understanding of the contracts (law) and the actual conditions at the construction site (facts), that is, the works that the contracts regulate. Disagreements often arise in connection with changes and additional work, delays in completion and deficiencies in the delivery, building or facility.
We have experience from disputes concerning such issues, including in connection with the final settlement of the contract, and can assist a party in such cases.
If the developer is a private person who enters into an agreement with a contractor for the construction of housing, the relationship between the parties will be regulated by the Act of 13 June 1997 No. 43 relating to agreements with consumers for the construction of new housing etc. (the House Listing Act). The aim of the Act is to protect the consumer as a developer, and it is not possible to agree worse terms for the developer than what is stated in the Act.
The content of this overview is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
