The master's thesis titled Material Defects in the Construction Contract according to the Obligations Code and FIDIC focuses on the comparison of the regulation of the institute of material defects in construction contracts according to the rules of the Obligations Code and FIDIC. One of the characteristics of a construction contract according to the Obligations Code is that the employer provides the contractor with project documentation. Such “form” of the construction contract is also regulated by the FIDIC Red Book. The FIDIC Yellow Book differs from this. It stipulates that the project documentation is provided by the contractor as a result of which it bears a greater burden and risk than the contractor according to the FIDIC Red Book. In my master's thesis, I will focus on the FIDIC Red and Yellow Book from the entire rainbow collection of FIDIC contracts, more specifically on their second copies which were published in December 2017. The master's thesis mentions the older versions of the FIDIC Red and Yellow Book from the year 1999 only in a few places, to highlight the essential and interesting changes. The master's thesis initially begins with the question of defining material defects and it is at this point that the first differences between the regulations appear. In the second chapter, the master's thesis focuses on the arrangement of the contractor's liability for material defects comparing both the general nature of the liability according to the Obligations Code and FIDIC and the specific types of liability according to the individual material defect. In the following, the master's thesis discusses individual types of guarantee claims available to the employer according to the rules of the Obligations Code and FIDIC. Finally, it also discusses the issue of the regulation of deadlines which in a way represents a significant divergence between the regulations.
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