Liability of a technical supervision of construction: analysis of Lithuanian case law

LTReikšminiai žodžiai: Teismų praktika; Statybos priežiūra; Statybos valdymas; Civilinė atsakomybė; Statybos kokybė; Darbai; Rangovas. Keywords: Case law; Supervising of construction; Construction management; Civil liability; Quality of construction; Works; Contractor.

ENThe article deals with the liability issues of a technical supervisor of construction in Lithuania. It is established in statutory law that a technical supervisor of construction is liable against an owner jointly with other parties involved in the construction (contractor, designer); however, it provides no explanation as to how this liability is distributed between the parties. Analysis of case law of the Supreme Court of Lithuania is used as a basis for crystallizing the rules applied by the courts in defining liability of a technical supervisor of construction and distributing it between other construction players. It has been found out that the liability attributed in case law to the technical supervisor of construction found guilty for defective construction works usually varies from 15% to 20%. The findings of this research may be used in systems for predicting court judgements and decision support systems for judicial disputes. [From the publication]