MODELS OF AGREEMENTS BETWEEN CLIENTS AND ARCHITECTS
IN LT
Ustron, Poland 2012 02 16-18
FACTS ABOUT LITHUANIA
Population – 3 483 972
Certified architects – 1886
Territory planning documents made in 2011 – 2859
Certificate to build were given in 2011 – 19 456
DOCUMENTS REGULATING AGREEMENTS
General requirements of agreements:
- Civil code of Lithuanian Republic
Special requirements of agreements:
- Law of building
- Law of territory planing
- Law of copyright
- Technical requirements of building
- Instructions of planning
MODELS OF AGREEMENTS
BILATERAL
AGREEMENT
TRIANGULAR
AGREEMENT
FIDIC
AGREEMENT
COPYRIGHT
AGREEMENT
CLIENT
CLIENT
(ORGANIZER)
CLIENT
CLIENT
Natural person,
Juridical person
(private, public)
Governmental
institution
Director of
municipality
administration
Juridical person
Natural person,
Juridical person
(private, public)
CLIENT (PAYER)
Juridical person
ARCHITECT
Natural person,
Juridical person
(private, public)
Natural person,
Juridical person
(private, public)
ARCHITECT
Natural person,
Juridical person
(private, public)
ARCHITECT
ARCHITECT
Natural person
OBJECT OF AGREEMENTS
BILATERAL
AGREEMENT
TRIANGULAR
AGREEMENT
FIDIC
AGREEMENT
COPYRIGHT
AGREEMENT
TERRITORY
PLANNING
TERRITORY
PLANNING
PROJECTS OF
BUILDING
PROJECTS OF
BUILDING
Master plan,
Special plan,
Detail plan
Special plan,
Detail plan
Technical project,
Workshop drawings
Part of technical
project
(architectural),
Supervision of
project realization
Architectural
part of project
PROJECTS OF
BUILDING
Technical project,
Part of technical
project
(architectural),
Workshop drawings
Supervision of
project realization
RESPONSIBILITIES OF CLIENTS AND ARCHITECTS IN AGREEMENTS
RESPONSIBILITIES OF CLIENTS AND ARCHITECTS IN AGREEMENTS
Responsibilities
By law
In practice
Client
To give compulsory documents of
project
To organize expertise of project
To get document of permission
for building
To organize publicity of project
To give compulsory documents of
project
If project is finished, to accept it
Client is not taking any
responsibility about project
Architect
To make a project
To correct project according to
remarks of institutions
Supervision of project realization
To take part in declaring of
availability to use building
To make a project
To correct project according to
remarks of institutions
Supervision of project realization
To take part in declaring of
availability to use building
To organize expertise of project
To get document of permission
for building
To organize publicity of project
… a lot of other responsibilities
…
∞
RESPONSIBILITIES OF CLIENTS AND ARCHITECTS IN AGREEMENTS
EVERY NEGATIVE EXPERIENCE WITH
ARCHITECTS, IS CAUSING A LOT OF
NEW REQUIREMENTS FOR FURTHER
AGREEMENTS
COPYRIGHTS IN AGREEMENTS
xxx
VALIDITY, CONDITIONS OF CHANGES, CANCELLATION
xxx
SOLVING OF LITIGATION
Expert is hired for neutral opinion for project, in that way
seeking to avoid court.
Client and architect disagreements, litigations are solving
in court by laws of Lithuanian Republic.
INSURANCE
xxx
CIVIL CASES BETWEEN CLIENTS AND ARCHITECTS
New
cases
2011
31
75
83
23
61
14
8
2010
37
78
84
31
59
18
7
2009
17
109
126
0
114
10
2
2008
11
50
61
0
51
4
6
2007
13
28
41
0
33
5
3
Year
Solved
cases
Residual of
cases (end
of year)
Duration of solving cases
Residual of
cases
(beginning
of year)
Till 6 months
From 6 to 12 Longer than
months
12 months
Thank you for your attention!
Giedrė Ratkutė Skačkauskienė – ratkute@yahoo.com, Dainius Čepurna - dainius@unitectus.lt