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CORRESPONDENT’S REPORT – DENMARK
EVOLUTION, NOT REVOLUTION IN DANISH CONSTRUCTION LAW
Partner and Attorney at Law, Aumento Law Firm ([email protected])
In March 2015, the former Danish Minister of Climate, Energy, and Buildings appointed a committee in order to review the general conditions in Danish construction law. The new system has been published, and the committee recommend it being used from 1 January 2019. 1
The General Conditions for construction works, advisory services and turn-key projects (in short AB 18, ABR 18 and ABT 18) are revisions of the former General Conditions for the Provision of Works and Supplies Within Building and Engineering of 1992 (AB 92), the General Conditions for Consulting Services of 1989 (ABR 89) and the General Conditions for Turnkey Contracts of 1993 (ABT 93) . This article aims to provide a short overview of some of the overall changes to the general conditions.
I. INTRODUCTION TO THE GENERAL CONDITIONS
This article seeks to provide a short and general introduction to the changes currently happening in the legal system of the Danish construction industry. The article is based upon themes selected by the author in order to provide a general understanding of the changes. The changes described in this article focus merely on the commercial part of Danish construction law. Thus, consumer relations and the former and current legalisation regarding consumer rights in the construction industry are not examined.
The Danish construction industry uses a set of cohesive, optional standard terms when entering into contracts regarding construction work and advisory services in connection thereto. These standard terms are called “General Conditions” and are agreed documents. A wide span of the Danish construction industry has always contributed to the development of the General Conditions, and the General Conditions therefore aim to represent all parties of the industry, both developer, consultant and contractor.
1 https://www.trafikstyrelsen.dk/DA/Byggeri/Byggeriets-aftalevilkar.aspx, section B20 (last accessed 20 November 2018).
Pt 1] Evolution, Not Revolution in Danish Construction Law
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